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Consultation Draft page i

Western Australia

Community Titles Regulations 2020

Contents

Part 1 — Preliminary

1. Citation 1 2. Commencement 1 3. Terms used 1

Part 2 — Provisions relating to terms

used in the Act

4. Requirements for approved form 3 5. Insurable asset 3 6. Key document 4 7. Public authority 5 8. Type 1 notifiable variation 5 9. Volunteer scheme manager 5

Part 3 — Planning and development

10. Advertisement of community development

statement by local government 6 11. Minimum period for comments under s. 22 7 12. Matters to which Planning Commission must have

due regard 7 13. Additional content to be included in statement 8 14. Classes of documents that may be referred to, or

incorporated in, community development

statement 9 15. Advertisement of application to extend

development period for a community scheme 10 16. Minimum period for comments under s. 26 11 17. Period for making decision under s. 34(5) where

amendment of community development statement

required 12


Contents

page ii Consultation Draft

18. Registration of amendment of community

development statement 13

Part 4 — Scheme documents

19. Naming convention for community corporations 14

Part 5 — Scheme plans

20. Application of Part 15 21. Application of Survey Regulations to scheme plans 15 22. Surveyor’s certificate 16 23. Numbering of lots and common property 16 24. Requirements for identification of parcel to be

subdivided 17 25. Requirements for scheme plan for community titles

(building) scheme 17 26. Requirements for scheme plan for community titles

(land) scheme 18

Part 6 — Short form easements and

restrictive covenants

Division 1 — Preliminary 27. Terms used 19

Division 2 — Description, location and

identification 28. Specified easements and short form descriptions 20 29. Location of easement area 21 30. Identification of lots and common property

affected by easement 22 31. Permitted restrictive covenants and short form

descriptions 22 32. Identification of lots and common property

affected by restrictive covenant 23

Division 3 — Other requirements 33. Application of Division 24 34. Location of covenant area 24 35. Persons who benefit to be specified in short form

documents 24 36. Benefit of short form easement or restrictive

covenant need not attach to land 25


Contents

Consultation Draft page iii

37. Short form easement or restrictive covenant binds

community corporation 25 38. Short form documents 25

Division 4 — Rights and liabilities under short

form easements 39. General 25 40. Vehicle access easement 26 41. Light and air easement 28 42. Party wall easement 29 43. Intrusion easement 30 44. Pedestrian access easement 31 45. Easement in gross 33 46. Easement for utility services 34 47. Entry under easement 42 48. Rectification of damage 43 49. Indemnity payable by grantee 43 50. Payment of consideration 44

Division 5 — Rights and liabilities under short

form restrictive covenants 51. General 44 52. Right of way restrictive covenant 44 53. Land use restrictive covenant 45 54. Conservation restrictive covenant 46 55. Building envelope restrictive covenant 46 56. Fire restrictive covenant 47

Part 7 — Schedule of unit

entitlements

57. Determining capital value of a lot 48 58. Certificate by licensed valuer 49

Part 8 — Scheme by-laws

59. Explanation of scheme by-laws 51 60. Maximum penalty for contravention of scheme

by-laws 51


Contents

page iv Consultation Draft

Part 9 — Common property

infrastructure easements

Division 1 — Special procedures for notice or

voting 61. Special procedures for notice to apply s. 57 to

infrastructure contract 52

Division 2 — Terms and conditions that are

taken to be implied in infrastructure

contract 62. Application of Division 52 63. Planning or other approval 52 64. Benefit of infrastructure 53 65. Damage to common property 53 66. Maintenance of common property within easement

area 53 67. Notice of intention to terminate where no term

specified 54

Division 3 — Rights and obligations of

community corporation and

infrastructure owner 68. Application of Division 54 69. Rights and obligations relating to required

insurance 54 70. Rights of infrastructure owner 55 71. Obligations relating to certain costs and charges 55 72. Obligations relating to infrastructure insurance 55 73. Obligations relating to changes in ownership 56 74. Obligation relating to removal of infrastructure 56

Part 10 — Community corporations

75. Minimum insurance for community titles scheme 58 76. Requirement to have 10 year plan 58 77. Expenditure on common property requiring special

resolution 60 78. Budget variations that are authorised 61 79. Rate of interest on contributions in arrears 61 80. Other records required to be kept 61 81. Period in which records must be retained 62 82. Form of records 65


Contents

Consultation Draft page v

83. Person with proper interest in information 65 84. Fees for applications 66 85. Inspection of material 67 86. Maximum charge for copies of material 68 87. Voting 68 88. Limitations on scheme manager being appointed as

proxy 69 89. Agenda for general meeting 69

Part 11 — Scheme managers

Division 1 — Preliminary 90. Terms used 71 91. Key role 72

Division 2 — Criminal record checks 92. Application of Division 73 93. Scheme manager must obtain national criminal

record checks 73 94. Scheme manager must give criminal record

statement to community corporation 76

Division 3 — Educational qualifications 95. Application of Division 77 96. Educational qualifications to be met by particular

individuals 77 97. Changes to titles of units 81

Division 4 — Professional indemnity insurance 98. Application of Division 82 99. Scheme manager must obtain and maintain

professional indemnity insurance 82

Division 5 — Scheme management contracts 100. Additional matters to be included in scheme

management contract 83 101. Transitional provision for compliance with

educational qualification requirements 85

Division 6 — Financial provisions relating to

scheme managers 102. Disclosure of remuneration and other benefits 86 103. Scheme manager to provide periodic return 87


Contents

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Part 12 — Protection of buyers

104. Further information to be given before contract 89 105. Information may be given by electronic means 90 106. Information to be in a prominent position 90 107. Particulars of notifiable variation to be provided to

buyer 90

Part 13 — Termination proposals

Division 1 — Preliminary 108. Terms used 93

Division 2 — Outline proposal 109. Details of arrangements for independent advice or

representation 95 110. Additional information for outline proposal 95

Division 3 — Independent advocate

Subdivision 1 — Persons who may be independent

advocates 111. Level of independence of independent advocate 96 112. Qualifications of independent advocate 97

Subdivision 2 — Review, assessment and

presentation 113. Assessment of proposal by independent advocate 98 114. Presentation by independent advocate 99 115. Identification of vulnerable person by independent

advocate 101

Division 4 — Full proposal 116. Notice of completion of service 101 117. Tenants entitled to 5 year term 101 118. Additional information for full proposal 101 119. Person who can provide report of required works 102 120. Valuation methodology 102 121. Validity period of valuation 102 122. Preparation and certification of reports 102 123. Termination valuation report to be given to

Valuer-General 103

Division 5 — Additional procedures for dealing

with termination proposals

Subdivision 1 — Meetings 124. Consideration of proposal at joint meeting 103


Contents

Consultation Draft page vii

Subdivision 2 — Voting 125. Application of Subdivision 103 126. Voting notice 104 127. Independent vote counter 104 128. Provision of record of votes 105 129. Protection of record of votes (resolution subject to

confirmation) 106

Subdivision 3 — Confirmation of termination

resolution 130. Material to accompany application by proponent

for confirmation of termination resolution 106 131. Information community corporation must provide

to Tribunal 107

Subdivision 4 — Proposals that are withdrawn or

not proceeding 132. Notice of withdrawn termination proposal 108 133. Notice of termination proposal not proceeding 108

Division 6 — Arrangements for independent

advice or representation for owners

Subdivision 1 — Preliminary 134. Ancillary service 109

Subdivision 2 — Identification of persons as

vulnerable 135. Application of Subdivision 110 136. Vulnerable persons 110 137. Independent advocate to identify vulnerable

persons to proponent 112 138. Owner of lot may apply to be recognised as a

vulnerable person 112 139. Proponent to make decision about claim of

vulnerability 113 140. Trustee may require information from independent

advocate about type of vulnerability 114

Subdivision 3 — Establishment and terms of trust 141. Application of Subdivision 115 142. Proponent to establish trust 115 143. Trustee of the trust 115 144. Services for which trust moneys are to be provided 116


Contents

page viii Consultation Draft

145. No payment for services obtained after withdrawal

or notice that proposal cannot proceed 117 146. Guaranteed payment amount 117 147. Method of payment under trust 119 148. Period of time for making claims 119 149. Trust account 120 150. Trustee records 120 151. Period of time for retaining trustee records 120 152. Owner entitled to certain information in respect of

lot 121 153. Summary of trust records to be given to proponent

on request 121 154. Privacy of information 122 155. Winding up of trust 122

Part 14 — Termination by single

owner

Division 1 — Preliminary 156. Term used: single owner terminating scheme 124 157. Application of Part 124

Division 2 — Modification of Part 11 Division 1

of the Act 158. Modification of application of s. 141 124 159. Modification of application of s. 142 124 160. Modification of application of s. 145 125 161. Modification of application of s. 146 125 162. Modification of application of s. 147 126 163. Modification of application of s. 148 127

Division 3 — Modification of these regulations 164. Modification of application of r. 113 127 165. Modification of application of r. 142 128

Part 15 — Tribunal proceedings

Division 1 — Scheme disputes 166. Terms used 129 167. Application of Division 129 168. Disputes relating to disclosure of information 129 169. Occupier disputes relating to termination proposals 129 170. Disputes about trustee’s performance 130 171. Dispute about proponent’s decision 130


Contents

Consultation Draft page ix

Division 2 — Orders of Tribunal 172. Orders required to be made by legally qualified

member 131 173. Internal review of Tribunal order 131

Part 16 — Miscellaneous

174. Disposition statements 132 175. Fees payable to Registrar of Titles 134 176. Fees payable to local government 134

Schedule 1 — Explanation of effect of

section 48

1. Enforcement of scheme by-laws 137 2. What the written notice must contain 137 3. Other people who can apply for enforcement of

scheme by-laws 137 4. How this could affect you 139 5. Recovery of moneys 139

Schedule 2 — Fees payable to

Registrar of Titles

Consultation Draft page 1

Community Titles Act 2018


Made by the Governor in Executive Council.

Part 1 — Preliminary

1. Citation

These regulations are the Community Titles Regulations 2020.

2. Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these

regulations are published in the Gazette;

(b) the rest of the regulations — on the day on which the

Community Titles Act 2018 section 187 comes into

operation.

3. Terms used

In these regulations —

calendar year means a period of 12 months beginning on

1 January;

commencement day means the day on which the Community

Titles Act 2018 section 187 comes into operation;

easement area has the meaning given in regulation 30(2);

GST has the meaning given in the A New Tax System (Goods

and Services Tax) Act 1999 (Commonwealth) section 195-1;

local legal practitioner has the meaning given in the Legal

Profession Act 2008 section 3;

section means a section of the Act;


Part Preliminary

r. 3

page 2 Consultation Draft

Survey Regulations means —

(a) the Licensed Surveyors (General Surveying Practice)

Regulations 1961; and

(b) the Licensed Surveyors (Transfer of Land Act 1893)

Regulations 1961; and

(c) the Transfer of Land (Surveys) Regulations 1995; and

(d) any other rules or regulations, including any directions,

instructions or guidelines issued under any of those rules

or regulations, for the time being in force for the

guidance of surveyors when practising under the

Transfer of Land Act 1893;

termination proposal process has the meaning given in

regulation 108.


Provisions relating to terms used in the Act Part 2

r. 4


Part 2 — Provisions relating to terms used in the Act

4. Requirements for approved form

(1) This regulation applies for the purposes of the definition of

approved form in section 3(1).

(2) Except as provided in subregulation (3), a document, evidence

or information is in a form approved under these regulations if

the document, evidence or information is in a form approved by

the Registrar of Titles.

(3) A community development statement or an amendment of a

community development statement is in a form approved under

these regulations if the statement or amendment is in a form

approved by the Planning Commission.

Note for this subregulation:

The requirement for a community development statement or an amendment of a community development statement to be in an approved form is set out in section 25(4)(a).

(4) For the purposes of subregulation (2), a document, evidence or

information is taken to be in a form approved by the Registrar

of Titles if it is provided in accordance with requirements

specified in relation to that document, evidence or information

on the website of the Authority.

5. Insurable asset

(1) For the purposes of paragraph (a)(iii) of the definition of

insurable asset in section 3(1), the following are included in

that definition —

(a) carpet and floor coverings that are not temporary on and

within common property;

(b) buildings on the tier parcel of a community titles

(building) scheme (whether or not shown on the scheme

plan).

(2) For the purposes of paragraph (b)(iv) of the definition of

insurable asset in section 3(1), temporary wall, floor and ceiling


Part 2 Provisions relating to terms used in the Act

r. 6


coverings on common property are excluded from that

definition.

6. Key document

For the purposes of paragraph (l) of the definition of key

document in section 3(1), the following are included in that

definition —

(a) any contracts relevant to the design or construction of

buildings and improvements on the tier parcel affected

by the subdivision entered into by the original

subdivision owner or an associate of the original

subdivision owner, including any variations to those

contracts and all plans and specifications relating to

those contracts or variations;

(b) “as constructed” plans and diagrams for buildings,

improvements and utility conduits on the tier parcel

affected by the subdivision;

(c) any infrastructure contracts or variations to

infrastructure contracts;

(d) any notice of completion given under the Building

Act 2011 section 33 in relation to —

(i) any scheme building on the tier parcel affected

by the subdivision; or

(ii) any infrastructure located on the common

property of the tier parcel affected by the

subdivision;

(e) any documents relating to a defect or possible defect in a

scheme building or infrastructure;

(f) any agreement relating to the supply of a water service

(as defined in the Water Services Act 2012 section 3(1))

between a licensee under that Act and any of the

following parties —

(i) a former owner of the land comprised in the tier

parcel affected by the subdivision;


Provisions relating to terms used in the Act Part 2

r. 7


(ii) the community corporation;

(iii) an owner or occupier of a lot in the community

titles scheme;

(g) the 10 year plan under section 85(2).

7. Public authority

For the purposes of paragraph (c) of the definition of public

authority in section 3(1), the Western Australian Land

Authority established by the Western Australian Land Authority

Act 1992 section 5 is declared to be a public authority.

8. Type 1 notifiable variation

(1) For the purposes of paragraph (d) of the definition of type 1

notifiable variation in section 3(1) the event in

subregulation (2) is prescribed.

(2) Anything relating to a proposal for the termination of a

community titles scheme is served on the seller by a community

corporation.

Note for this regulation:

A seller may be served with an outline of a termination proposal (under section 141(4)) or a full proposal (under section 145(3)) for the termination of a community titles scheme, other than the community titles scheme to which the seller’s lot belongs.

9. Volunteer scheme manager

(1) For the purposes of paragraph (b) of the definition of volunteer

scheme manager in section 3(1), the amount of the honorary fee

or reward that is fixed is $250 per calendar year for each lot and

tier parcel in the community titles scheme.

(2) If a reward is non-monetary, the amount of the reward is the

value of the reward.


Part 3 Planning and development

r. 10


Part 3 — Planning and development

10. Advertisement of community development statement by

local government

(1) In this regulation —

application means an application for approval of a community

development statement or an amendment of a community

development statement;

supporting material means material that provides guidance on

the implementation and management of a community

development statement that is the subject of an application.

(2) A local government to which an application has been referred

under section 22(1)(a) must —

(a) as soon as reasonably practicable after receiving the

application — publish the application on the website of

the local government; and

(b) if it is reasonably practicable to do so — make a copy of

the application available for public inspection at a place

in the district of the local government during business

hours.

(3) The application must be published under subregulation (2)(a)

for a period of at least 7 days.

(4) In addition to subregulation (2), a local government to which an

application has been referred under section 22(1)(a) may also —

(a) advertise the application in 1 or more of the following

ways —

(i) by giving notice of the application to persons

who, in the opinion of the local government, are

likely to be affected by the application;

(ii) by publishing a notice of the application in a

newspaper circulating in the district of the local

government;


Planning and development Part 3

r. 11


(iii) by erecting a sign or signs in a conspicuous place

on the land the subject of the application;

and

(b) publish, advertise or otherwise make available any

supporting material.

11. Minimum period for comments under s. 22

For the purposes of section 22(4) —

(a) the minimum period that must be allowed for comments,

that is specified in a referral to a local government,

public authority or utility service provider under

section 22(1), is 7 days after the day on which the

referral is received by the local government, public

authority or utility service provider, as the case requires;

and

(b) the minimum period that must be allowed for comments,

that is specified in an advertisement by a local

government under section 22(2), is 7 days after the day

on which the advertisement is first published by the

local government in accordance with

regulation 10(2)(a).

Notes for this regulation:

1. The period within which comments are to be made on an application for approval of a community development statement or an amendment of a community development statement is specified by the Planning Commission in the referral of the application in accordance with section 22(3)(b).

2. The period specified by the Planning Commission in the referral cannot be less than the minimum period provided in this regulation.

12. Matters to which Planning Commission must have due

regard

For the purposes of section 23(2)(e), the Planning Commission

must have due regard to the following —

(a) a policy or position statement developed specifically for

community titles matters;



r. 13


(b) technical advice, assistance or further information

obtained by the Planning Commission from a local

government or any other person, if any.

13. Additional content to be included in statement

(1) For the purposes of section 25(1)(g), a community development

statement for a community scheme must include the following

information —

(a) maps or other related information or material required

by the Planning Commission;

(b) a description of the key attributes and constraints of the

area covered by the statement including the natural

environment, landform and topography of the area;

(c) the planning context for the area covered by the

statement and the neighbourhood and region within

which the area is located;

(d) any land uses, zoning or reserves proposed by the

statement;

(e) an estimate of the proposed number of lots in the area

covered by the statement and the extent to which the

statement provides for dwellings, retail floor space or

other land uses;

(f) the population impacts that are expected to result from

the implementation of the statement;

(g) a description of the extent to which the statement

provides for the coordination of key transport and other

infrastructure;

(h) if a requirement for land to be vested in the Crown

under the Planning and Development Act 2005

section 152 has been specified in the statement — a

staging plan or report that identifies the stage at which

the land is to be vested;

(i) if a requirement for a road to be delineated as a new

road and dedicated under the Planning and Development



r. 14


Act 2005 section 168 has been specified in the

statement — a staging plan or report that identifies the

stage at which the land is to be dedicated as a road;

(j) a staging plan or report that —

(i) identifies the utility infrastructure, sustainability

infrastructure, public infrastructure or any other

infrastructure that will be needed at each stage of

the subdivision and development of the land by

the community scheme; and

(ii) identifies whether that infrastructure is inside or

outside the area covered by the statement; and

(iii) identifies the person who is responsible for the

costs associated with that infrastructure.

(2) A staging plan or report provided under subregulation (1)(j)

may include, but is not limited to, the following information —

(a) requirements for the provision of traffic management

infrastructure;

(b) requirements for the provision of community-related

infrastructure;

(c) requirements for the provision of bushfire management

infrastructure, such as temporary or permanent fire

breaks or the provision of emergency egress or ingress;

(d) requirements for the provision of footpaths on verges of

proposed roads;

(e) requirements for the ceding of land.

14. Classes of documents that may be referred to, or

incorporated in, community development statement

(1) For the purposes of section 25(3), a community development

statement may refer to, or incorporate, a document of the

following classes of documents wholly or partially and with or

without modification —

(a) planning codes;



r. 15


(b) standard structure plans or precinct structure plans;

(c) local development plans;

(d) local planning policies;

(e) improvement plans;

(f) improvement schemes;

(g) local planning schemes;

(h) interim development orders.

(2) A document referred to, or incorporated, under

subregulation (1) may be —

(a) the document as in force at the time the application for

approval of the community development statement is

made under section 21(1); or

(b) the document as in force at a specified time.

15. Advertisement of application to extend development period

for a community scheme


application means an application for an extension of a

development period for a community scheme;

relevant local government means a local government to which

an application has been referred under section 26(5)(a);

supporting material means material that provides guidance on

the implementation and management of a community

development statement the subject of an application.

(2) If, under section 26(6), the Planning Commission requires a

relevant local government to advertise an application for public

comment, the relevant local government —

(a) as soon as reasonably practicable — must publish the

application on the website of the local government;

(b) if it is reasonably practicable to do so — may make a

copy of the application available for public inspection at



r. 16


a place in the district of the local government during

business hours.

(3) The application must be published under subregulation (2)(a)

for a period of at least 7 days.

(4) In addition to subregulation (2), a relevant local government

may also —

(a) advertise the application in 1 or more of the following

ways —

(i) by giving notice of the application to persons

who, in the opinion of the relevant local

government, are likely to be affected by the

application;

(ii) by publishing a notice of the application in a

newspaper circulating in the district of the

relevant local government;

(iii) by erecting a sign or signs in a conspicuous place

on the land the subject of the application;

and

(b) publish, advertise or otherwise make available any

supporting material.

16. Minimum period for comments under s. 26

For the purposes of section 26(8) —

(a) the minimum period that must be allowed for comments,

that is specified in a referral to a local government,

public authority or utility service provider under

section 26(5), is 7 days after the day on which the

referral is received by the local government, public

authority or utility service provider, as the case requires;

and

(b) the minimum period that must be allowed for comments,

that is specified in an advertisement by a local

government under section 26(6), is 7 days after the day



r. 17


on which the advertisement is first published by the

local government in accordance with

regulation 15(2)(a).


1. The period within which comments are to be made on an application for an extension of a development period for a community scheme is specified by the Planning Commission in the referral of the application in accordance with section 26(7)(b).

2. The period specified by the Planning Commission in the referral cannot be less than the minimum period provided in this regulation.

17. Period for making decision under s. 34(5) where amendment

of community development statement required

(1) This regulation applies if, under section 26(4), the Planning

Commission —

(a) accepts an application for an extension of a development

period for a community scheme made after the

development period for a community scheme has

expired; and

(b) requires the applicant to provide a draft of an

amendment of the community development statement

for approval of the Planning Commission and for

registration with the community titles scheme or

amendment of the community titles scheme proposed by

the applicant.

(2) The period specified under section 34(5) for the Planning

Commission to make a decision on an application made under

section 26(2) begins on the date the amendment of the

community development statement is determined by the

Planning Commission under section 24.


1. If an amendment of a community development statement is approved, the approval date is the date given in accordance with section 24(5).

2. If an amendment of a community development statement is approved, the approval date must be endorsed on the amendment in accordance with section 25(4)(b).



r. 18


18. Registration of amendment of community development

statement

(1) On the application of the Planning Commission, the Registrar of

Titles may register or record, in the manner that the Registrar

considers appropriate for incorporation in the Register under the

Transfer of Land Act 1893, the most recent consolidated version

of a community development statement that incorporates an

approved amendment of the community development statement.

(2) An application made by the Planning Commission under

subregulation (1) may only be made after the community

development statement is first registered for the community

scheme.

(3) An application made by the Planning Commission under

subregulation (1) must —

(a) be lodged with the Registrar of Titles; and

(b) be in the approved form.


Part 4 Scheme documents

r. 19


Part 4 — Scheme documents

19. Naming convention for community corporations


scheme number means the reference number allocated to the

community titles scheme by the Registrar of Titles under

section 52(1)(a).

(2) For the purposes of section 36(1), the name of a community

corporation must include the scheme number for the community

titles scheme for which the community corporation is

established.


Scheme plans Part 5

r. 20


Part 5 — Scheme plans

20. Application of Part

This Part applies for the purposes of section 37(4).

21. Application of Survey Regulations to scheme plans

(1) A scheme plan, or an amendment of a scheme plan, must be

prepared in accordance with the Survey Regulations.

(2) The Survey Regulations apply to a scheme plan, or an

amendment of a scheme plan, with the following

modifications —

(a) a reference to a lot includes a reference to a lot or

common property;

(b) a reference to a plan includes a reference to a scheme

plan or an amendment of a scheme plan;

(c) a reference to a boundary includes a reference to a

boundary of a lot or common property;

(d) a field record or field book is only required to be lodged

under the Licensed Surveyors (General Surveying

Practice) Regulations 1961 regulation 8 or the Licensed

Surveyors (Transfer of Land Act 1893)

Regulations 1961 regulation 8 in the circumstances

determined by the Registrar of Titles;

(e) in the Licensed Surveyors (Transfer of Land Act 1893)

Regulations 1961 regulation 12 delete the passage that

begins with “Consecutive numbering from one

upwards” and continues to the end of the regulation;

(f) the Transfer of Land (Surveys) Regulations 1995

regulation 3(2) applies to a certification by a licensed

surveyor under section 37(3)(c) in the same way as it

applies to the certifications referred to in that regulation.


Part 5 Scheme plans

r. 22


22. Surveyor’s certificate

A certificate under section 37(3)(c) in relation to a scheme plan,

or an amendment of a scheme plan, must be in the form required

by the Licensed Surveyors (General Surveying Practice)

Regulations 1961 regulation 54.

23. Numbering of lots and common property


interested person means a person who holds a type 1 interest or

a type 2 interest, or any other interest registered or recorded in

the Register, over the whole or a part of the tier parcel that is the

subject of a scheme plan or an amendment of a scheme plan.

(2) A reference in this regulation to a lot defined on a scheme plan

includes a reference to a lot created by an amendment of the

scheme plan.

(3) Each lot defined on a scheme plan for a community titles

scheme must be given a unique number.

(4) An area of common property (other than temporary common

property) defined on a scheme plan for a community titles

(building) scheme may be given a number.

(5) If an area of common property is defined on a scheme plan for a

community titles (building) scheme, and a number is given to

the area in accordance with subregulation (4), that number must

be a unique number.

(6) Each area of common property (other than temporary common

property) defined on a scheme plan for a community titles

(land) scheme must have a unique number.

(7) In a scheme plan or an amendment of a scheme plan that gives

effect to a subdivision, if a lot consists of more than 1 part of a

tier parcel, each part of the lot must have the same number and

must be shown with the abbreviation “Pt” before the number.


Scheme plans Part 5

r. 24


(8) The Registrar of Titles may, after giving notice to all interested

persons, number or renumber a lot defined on a scheme plan, an

amendment of a scheme plan or any common property (other

than temporary common property) defined on a scheme plan.

24. Requirements for identification of parcel to be subdivided

(1) A scheme plan must identify the parcel of land to be subdivided

by a community titles scheme by reference to the following —

(a) the certificate of title number;

(b) the lot number of the parcel;

(c) the plan or diagram (if one is available) of the parcel.

(2) An amendment of a scheme plan to give effect to a subdivision

as described in section 14(2) must identify the land to be

subdivided in a manner approved by the Registrar of Titles.

25. Requirements for scheme plan for community titles

(building) scheme

If a scheme plan or an amendment of a scheme plan is for a

community titles (building) scheme, the following requirements

apply —

(a) the boundaries of lots or whole separate parts of lots

must be shown on the plan by continuous lines so that

boundaries defined by walls or other structural features

are clearly distinguished from boundaries defined by

lines only;

(b) all linear connections shown on the plan must be

referred to a stated surface of a floor, wall, ceiling or

permanent building shown on the plan;

(c) the plan must specify the relationship of any building on

the land to the boundaries of the tier parcel, if the

Registrar of Titles requires that to be specified on the

plan;


Part 5 Scheme plans

r. 26


(d) the plan must specify an offset in any case where part of

a building is within 2 metres of a boundary of the tier

parcel;

(e) if a lot is defined by the references in section 11(4) —

the scheme plan must contain a statement to the effect

that the boundary of the lot is the inner surface of the

walls, the upper surface of the floor and the under

surface of the ceiling, as provided by section 11(4);

(f) if an area of common property (other than temporary

common property) is shown on the plan — the area of

common property must be unambiguously shown as

common property in a manner approved by the Registrar

of Titles.

26. Requirements for scheme plan for community titles (land)

scheme

If a scheme plan or an amendment of a scheme plan is for a

community titles (land) scheme, the following requirements

apply —

(a) common property (except temporary common property)

must be unambiguously shown as common property in a

manner approved by the Registrar of Titles;

(b) if a lot is limited in height and depth — the upper and

lower boundaries of the lot must be defined in a manner

approved by the Registrar of Titles.


Short form easements and restrictive covenants Part 6

Preliminary Division 1

r. 27


Part 6 — Short form easements and restrictive

covenants

Division 1 — Preliminary

27. Terms used

In this Part —

covenant area has the meaning given in regulation 32(2);

covenantee, in relation to a short form restrictive covenant,

means the local government, public authority or utility service

provider benefited by the restrictive covenant;

covenantor, in relation to a short form restrictive covenant,

means —

(a) if a lot is burdened by the restrictive covenant — the

owner of the lot; or

(b) if common property is burdened by the restrictive

covenant — the community corporation for the tier

parcel to which the scheme plan, or a relevant

amendment of the scheme plan, relates;

grantee, in relation to a short form easement, means —

(a) if a lot is benefited by the easement — the owner of the

lot; or

(b) if common property is benefited by the easement — the

community corporation for the tier parcel to which the

scheme plan, or a relevant amendment of the scheme

plan, relates; or

(c) if the easement benefits a local government, public

authority or utility service provider (and does not benefit

a lot or common property) — the local government,

public authority or utility service provider;

grantor, in relation to a short form easement, means —

(a) if a lot is burdened by the easement — the owner of the

lot; or


Part 6 Short form easements and restrictive covenants

Division 2 Description, location and identification

r. 28


(b) if common property is burdened by the easement — the

community corporation for the tier parcel to which the

scheme plan, or a relevant amendment of the scheme

plan, relates;

relevant amendment, in relation to a scheme plan, means an

amendment of a scheme plan that gives effect to a subdivision

of a kind described in section 14(2);

short form description —

(a) in relation to a short form easement — has the meaning

given in regulation 28(2); and

(b) in relation to a short form restrictive covenant — has the

meaning given in regulation 31(2);

short form document means any of the following —

(a) a scheme plan or a relevant amendment of the scheme

plan;

(b) a memorial or other instrument lodged with a scheme

plan or a relevant amendment of the scheme plan.

Division 2 — Description, location and identification

28. Specified easements and short form descriptions

(1) For the purposes of section 38(1), an easement of a class

specified in the 1st column of the Table is specified as a short

form easement.

(2) For the purposes of section 38(1)(a), a short form easement

must be identified in a short form document using the

description specified in the 2nd

column of the Table next to the

short form easement concerned (the short form description).

Table

Class of short form

easement

Short form description of

easement

An easement relating to Vehicle access easement



Description, location and identification Division 2

r. 29


Class of short form

easement


easement

vehicle access, parking or

turning

An easement for access to or

use of light and air

Light and air easement

An easement for party wall

rights

Party wall easement

An easement for the right of

a building to intrude into

another lot or common

property

Intrusion easement

An easement for pedestrian

access

Pedestrian access easement

An easement in gross for the

benefit of the Planning

Commission, a local

government in whose district

the land is situated, a public

authority or a utility service

provider

Easement in gross

An easement for 1 or more

utility services

Easement for utility services

29. Location of easement area

For the purposes of section 38(1)(b), the location of a short form

easement must be delineated on a scheme plan or a relevant

amendment of the scheme plan in accordance with the Survey

Regulations and any requirements of the Registrar of Titles.



Division 2 Description, location and identification

r. 30


30. Identification of lots and common property affected by

easement

(1) For the purposes of section 38(1)(c), a scheme plan or a relevant

amendment of the scheme plan must identify, in a manner

approved by the Registrar of Titles —

(a) any lots and common property benefited by a short form

easement; and

(b) any lots and common property burdened by a short form

easement.

(2) An area of a lot or common property (or both) that is burdened

by a short form easement (the easement area) must be shown

on the scheme plan or a relevant amendment of the scheme plan

as being subject to the short form easement.

(3) The easement area may be —

(a) limited by height or depth; and

(b) shown by reference to markings in the area that are

relevant to the short form easement.

(4) If a scheme plan or a relevant amendment of the scheme plan

contains an easement, the scheme plan must make it clear if the

easement is a short form easement under section 38 by

specifically referring to that section.

31. Permitted restrictive covenants and short form descriptions

(1) For the purposes of section 38(1), a restrictive covenant of a

class specified in the 1st column of the Table is specified as a

short form restrictive covenant.

(2) For the purposes of section 38(1)(a), a short form restrictive

covenant must be identified in a short form document using the

description specified in the 2nd

column of the Table next to the

short form restrictive covenant concerned (the short form

description).



Description, location and identification Division 2

r. 32


Table

Class of short form

restrictive covenant



A restrictive covenant to

prevent development in a

right of way setback

Right of way restrictive

covenant


restrict the use of land

Land use restrictive

covenant


protect areas identified for

conservation

Conservation restrictive

covenant


control the siting of

development

Building envelope restrictive

covenant


restrict development in fire

prone areas

Fire restrictive covenant

32. Identification of lots and common property affected by


(1) For the purposes of section 38(1)(c), a scheme plan or a relevant

amendment of the scheme plan must identify in a manner

approved by the Registrar of Titles the lots and common

property burdened by a short form restrictive covenant.

(2) An area of a lot or common property (or both), or a tier parcel,

that is burdened by a short form restrictive covenant (the

covenant area) must be shown on the scheme plan or a relevant

amendment of the scheme plan as being subject to the short

form restrictive covenant.



Division 3 Other requirements

r. 33


(3) The covenant area may be —

(a) limited by height or depth; and

(b) shown by reference to markings in the area that are

relevant to the short form restrictive covenant.

(4) If a scheme plan or a relevant amendment of the scheme plan

contains a restrictive covenant, the scheme plan must make it

clear if the restrictive covenant is a short form restrictive

covenant under section 38 by specifically referring to that

section.

Division 3 — Other requirements

33. Application of Division

This Division applies for the purposes of section 38(1)(d).

34. Location of covenant area

The location of a short form restrictive covenant must be

delineated on a scheme plan or a relevant amendment of a

scheme plan in accordance with the Survey Regulations and any

requirements of the Registrar of Titles.

35. Persons who benefit to be specified in short form documents

The following persons must be specified in a short form

document —

(a) if a short form easement benefits a local government, a

public authority or a utility service provider (and does

not benefit a lot or common property) — the local

government, public authority or utility service provider

so benefited;

(b) a covenantee.



Rights and liabilities under short form easements Division 4

r. 36


36. Benefit of short form easement or restrictive covenant need

not attach to land

A short form easement or restrictive covenant may be created

and made binding in respect of a tier parcel of a community

titles scheme for the benefit of the local government in whose

district the land is situated, or a public authority or a utility

service provider, even though the benefit of the short form

easement or restrictive covenant is not in respect of land.

37. Short form easement or restrictive covenant binds

community corporation

A short form easement or restrictive covenant that benefits or

burdens common property in a community titles scheme is

binding on the community corporation for the scheme.

38. Short form documents

(1) A short form document may include provisions about rights and

liabilities under a short form easement or restrictive covenant.

(2) The provisions in a short form document have effect according

to their terms, and Divisions 4 and 5, and Division 1 in its

application to those Divisions, have effect subject to the

provisions in the short form document.

(3) The provisions in a short form document do not override the

provisions of Division 2 and this Division, and Division 2 and

this Division prevail to the extent of any inconsistency with the

short form document.

Division 4 — Rights and liabilities under short form easements

39. General

For the purposes of section 38(2), the rights and liabilities under

a short form easement that is identified in accordance with

Division 2 by its short form description are as specified in this



Division 4 Rights and liabilities under short form easements

r. 40


Division in relation to that short form description, subject to any

contrary provision in the short form document.


Section 38(4) provides further information on short form easements.

40. Vehicle access easement

(1) In this regulation a vehicle access easement —

(a) is exclusive if the easement is for the exclusive use of

the grantee to the exclusion of the grantor; and

(b) is non-exclusive in any other case.

(2) Under a vehicle access easement, the grantor grants the grantee

an easement that confers the following rights —

(a) a right to park vehicles in the easement area, in the

manner (if any) indicated in the short form document;

(b) a right to turn and drive vehicles over the easement area

for the purpose of gaining access to and egress from the

lot or common property benefited by the easement;

(c) a right to access the easement area on foot for the

purpose of exercising the rights referred to in

paragraphs (a) and (b).

(3) The easement —

(a) burdens any lot or common property identified on the

scheme plan or a relevant amendment of the scheme

plan as the lot or common property burdened by the

easement; and

(b) benefits any lot or common property identified on the


plan as the lot or common property benefited by the

easement.




r. 40


(4) The following persons are entitled to exercise the rights

conferred by the easement —

(a) if the easement benefits a lot — the owner of the lot, any

occupier of the lot, and any contractor, employee, agent

or visitor of the owner or occupier;

(b) if the easement benefits common property — any person

lawfully entitled to use the common property.

(5) The easement is non-exclusive unless otherwise specified in the


(6) If the easement is non-exclusive —

(a) the grantor must keep the easement area in good order

(including by doing any repairs, replacements,

maintenance, cleaning or other upkeep); and

(b) the grantee must reimburse the prescribed proportion of

the costs incurred by the grantor in keeping the

easement area in good order.

(7) Unless the short form document specifies otherwise, the

prescribed proportion is —

(a) the proportion that the unit entitlement of the grantee’s

lot bears to the total unit entitlements of the grantor’s

and the grantee’s lots, unless paragraph (b) or (c)

applies; or


proportion that the unit entitlement of the grantee’s lot

bears to the sum of the unit entitlements of all lots in the

community titles scheme; or

(c) if common property is benefited by the easement — the

proportion that the sum of the unit entitlements of all

lots in the community titles scheme (other than the

grantor’s lot) bears to the sum of the unit entitlements of

all lots in the community titles scheme.




r. 41


(8) If the easement is exclusive, the grantee must keep the easement

area in good order (including by doing any repairs,

replacements, maintenance, cleaning or other upkeep).

41. Light and air easement

(1) Under a light and air easement, the grantor grants to the grantee


(a) a right to unimpeded access to light and air for the use

and enjoyment of the lot or common property benefited

by the easement in the tier parcel, without any

obstruction or interruption caused by or consequent on

the erection of any building in the easement area;

(b) a right to enter the lot or common property burdened by

the easement in the tier parcel, at any reasonable time,

for the purpose of taking all reasonable steps to prevent

or remove any building, trees, vegetation or other thing

obstructing or interrupting the access to light and air.

(2) A right to unimpeded access to light and air is a right to

unimpeded access to light and air to, through and for the

windows or openings in any building on the lot or common

property benefited by the easement in the tier parcel at the date

of creation of the easement.

(3) The easement does not apply to any obstruction or interruption

that is —

(a) caused by, or consequent on, a building that is on the lot

or common property burdened by the easement in the

tier parcel at the date of creation of the easement or any

building later erected on the same foundations and of the

same or lesser dimensions; or

(b) reasonably incidental to the use of the lot or common

property burdened by the easement in the tier parcel by

the grantor or any person lawfully entitled to use the lot

or common property.




r. 42


(4) The right referred to in subregulation (1)(b) must be exercised

so as to minimise, as far as reasonably practicable, interference

with the use and enjoyment of lots and common property in the

tier parcel of the community titles scheme.


(a) burdens any lot or common property in the tier parcel

identified on the scheme plan or a relevant amendment

of the scheme plan as the lot or common property

burdened by the easement; and

(b) benefits any lot or common property in the tier parcel

identified on the scheme plan or a relevant amendment

of the scheme plan as the lot or common property

benefited by the easement.



(a) if the easement benefits a lot — the owner of the lot and

any occupier of the lot;

(b) if the easement benefits common property — the

community corporation for the community titles scheme

whose function it is to control and manage that common

property.

42. Party wall easement

(1) Under a party wall easement, the grantor grants to the grantee


(a) a right to use a party wall within or on the boundary of

the easement area for the support of the walls, floors,

footings, ceilings, roofs or other parts of any building

built or placed on the lot or common property benefited

by the easement;

(b) a right to enter the lot or common property burdened by

the easement, at any reasonable time, for the purpose of

repairing, maintaining, renewing or otherwise

remedying any failure to maintain the party wall




r. 43


including the right to erect scaffolding or equipment as

is reasonably necessary for upholding and maintaining

the party wall.









easement; and




easement.








property.

43. Intrusion easement

(1) Under an intrusion easement, the grantor grants to the grantee


(a) a right to retain, construct, inspect, alter, maintain,

repair, replace and use any intrusion into the easement

area;

(b) a right to enter the lot or common property of the tier

parcel burdened by the easement, at any reasonable




r. 44


time, for the purpose of exercising the right referred to

in paragraph (a).









easement; and




easement.








property.

44. Pedestrian access easement

(1) In this regulation a pedestrian easement —

(a) is exclusive if the easement is for the exclusive use of

the grantee to the exclusion of the grantor; and

(b) is non-exclusive in any other case.

(2) Under a pedestrian access easement, the grantor grants to the

grantee an easement that confers a right to pass and repass on

foot over the easement area at any time or at the times specified

in the short form document.




r. 44






easement; and




easement.



(a) if the easement benefits a lot — the owner of the lot, any

occupier of the lot, and any contractor, employee, agent

or visitor of the owner or occupier;

(b) if the easement benefits common property — any person

lawfully entitled to use the common property.

(5) The easement is non-exclusive unless otherwise specified in the


(6) If the easement is non-exclusive —

(a) the grantor must keep the easement area in good order

(including by doing any repairs, replacements,

maintenance, cleaning or other upkeep); and

(b) the grantee must reimburse the prescribed proportion of

the costs incurred by the grantor in keeping the

easement area in good order.

(7) Unless the short form document specifies otherwise, the

prescribed proportion is —

(a) the proportion that the unit entitlement of the grantee’s

lot bears to the total unit entitlements of the grantor’s

and the grantee’s lots, unless paragraph (b) or (c)

applies; or


proportion that the unit entitlement of the grantee’s lot




r. 45


bears to the sum of the unit entitlements of all lots in the

tier parcel in the community titles scheme to which the

tier parcel belongs; or

(c) if common property is benefited by the easement — the

proportion that the sum of the unit entitlements of all

lots in the community titles scheme (other than the

grantor’s lot) bears to the sum of the unit entitlements of

all lots in the tier parcel in the community titles scheme

to which the tier parcel belongs.

(8) If the easement is exclusive, the grantee must keep the easement

area in good order (including by doing any repairs,

replacements, maintenance, cleaning or other upkeep).

45. Easement in gross

(1) Under an easement in gross, the grantor grants to the grantee an

easement in the terms described in the short form document.

(2) The short form document may describe the terms of the

easement by reference to a planning condition, statutory

provision or contract.





easement; and

(b) benefits a local government, public authority or utility

service provider specified in the short form document

(and does not benefit a lot or common property).

(4) The local government, public authority or utility service

provider benefited by the easement and any contractor,

employee or agent of the local government, public authority or

utility service provider, is entitled to exercise the rights

conferred by the easement.




r. 46


(5) If the easement expires at the end of a particular period, that

period must be specified in the short form document.

(6) If the short form document provides that the easement expires at

the end of a specified period, the grantor and grantee consent to

the Registrar of Titles discharging the easement at any time

after the end of the specified period, without any application by,

or notice to, the grantor or grantee.

46. Easement for utility services

(1) Under an easement for utility services, the grantor grants to the

grantee an easement for a purpose specified in the short form

document.

(2) The purpose specified must be a purpose described in the

1st column of the Table.

(3) The easement confers the rights specified in relation to that

purpose in the 2nd

column of the Table.

(4) The easement burdens any lot or common property identified on

the scheme plan or a relevant amendment of the scheme plan as

a lot or common property burdened by the easement.


(a) benefits any lot or common property identified on the


plan as a lot or common property benefited by the

easement; or



(in which case it does not benefit a lot or common

property).



(a) if the easement benefits a lot — the owner of the lot, an

occupier of the lot, and any contractor, employee or

agent of the owner or occupier;




r. 46





property;

(c) if the easement benefits a local government, public

authority or utility service provider — the local

government, public authority or utility service provider

and any contractor, employee or agent of the local

government, public authority or utility service provider.

(7) The rights conferred by the easement must be exercised so as to

minimise, as far as reasonably practicable, interference with the

use and enjoyment of the lots and common property in the tier

parcel for the community titles scheme.

(8) A community corporation must not interfere or permit

interference with the exercise by any person of the rights

conferred on the person by the easement, other than —

(a) in the reasonable exercise of rights under an easement of

which it has the benefit; or

(b) in the performance of its function of controlling and

managing common property in its community titles

scheme.

(9) An owner or occupier of a lot must not, either inside or outside

the lot, interfere or permit interference with the exercise by any

person of the rights conferred on the person by the easement,

other than in the reasonable exercise of rights conferred by an

easement of which the owner or occupier has the benefit.

(10) This regulation does not affect the utility service easement

provided for by section 56.


Section 56 provides for a utility service easement. That easement exists for the benefit and burden of each lot and the common property in a community titles scheme. The easement provided for by this regulation is an additional (optional) easement. The easement provided for by this regulation (unlike the section 56 easement) must




r. 46


be contained in the scheme plan or relevant amendment of the scheme plan.

Table

Purpose of easement Rights conferred by easement

Water supply A right —

(a) to break the surface of, dig,

open up, remove soil,

vegetation or obstructions

from and use the easement

area for the purpose of

laying down, fixing, taking

up, repairing, re-laying,

replacing or examining pipes

and of using and maintaining

those pipes for water supply

purposes; and

(b) to enter the lot or common

property burdened by the

easement for any of the

purposes referred to in

paragraph (a).

Drainage A right —








replacing or examining

drains or drainage pipes and

of using and maintaining

those drains and drainage




r. 46



pipes for drainage purposes;

and





paragraph (a).

Gas supply A right —










those pipes for the purpose

of supplying gas; and





paragraph (a).

Transmission and

distribution of electricity

by overhead cable and

conductors

A right —

(a) to suspend cables and

conductors across the

easement area and construct

supports for those cables and

conductors; and

(b) to construct and install




r. 46



apparatus (as defined in the

Energy Operators (Powers)

Act 1979 section 4(1)) in the

easement area; and

(c) to construct other works

(such as fences and access

tracks) in the easement area

for the purpose of ensuring

the safe, secure and reliable

operation of the grantee’s

electricity transmission and

distribution system; and

(d) to inspect, alter, maintain,

repair and replace the cables,

conductors, supports,

apparatus and works referred

to in paragraphs (a), (b)

and (c); and

(e) to use the cables, conductors,

supports, apparatus and

works referred to in

paragraphs (a), (b) and (c)

for the purpose of

transmitting and distributing

electricity or ensuring the

safe, secure and reliable




(f) to break the surface of, dig,







r. 46



area for any of the purposes

referred to in paragraph (a),

(b), (c), (d) or (e); and

(g) to enter the lot or common




paragraph (a), (b), (c), (d),

(e) or (f).

Transmission and

distribution of electricity

by underground cable

A right —

(a) to lay ducts, pipes and cables

under the surface of the

easement area; and

(b) to construct and install

apparatus (as defined in the

Energy Operators (Powers)

Act 1979 section 4(1)) in the

easement area; and

(c) to construct other works

(such as fences and access

tracks) in the easement area

for the purpose of ensuring

the safe, secure and reliable




(d) to inspect, alter, maintain,

repair and replace the ducts,

pipes, cables, apparatus and

works referred to in

paragraphs (a), (b) and (c);

and




r. 46



(e) to use the ducts, pipes,

cables, apparatus and works

referred to in paragraphs (a),

(b) and (c) for the purpose of

transmitting and distributing

electricity or ensuring the

safe, secure and reliable




(f) to break the surface of, dig,






(b), (c), (d) or (e); and

(g) to enter the lot or common




paragraph (a), (b), (c), (d),

(e) or (f).

Transmission of

communication signals by

overhead cable

A right —

(a) to suspend cables across

the easement area and

construct supports for those

cables; and

(b) to inspect, alter, maintain,

repair and replace those

cables and supports; and




r. 46



(c) to use the cables for the

purpose of transmitting

communication signals; and

(d) to break the surface of, dig,






(b) or (c); and

(e) to enter the lot or common




paragraph (a), (b), (c) or (d).

Transmission of

communication signals by

underground cable

A right —

(a) to lay ducts, pipes and cables

under the surface of the

easement area; and

(b) to inspect, alter, maintain,

repair and replace those

ducts, pipes and cables; and

(c) to use the cables for the

purpose of transmitting

communication signals; and

(d) to break the surface of, dig,









r. 47



(b) or (c); and

(e) to enter the lot or common




paragraph (a), (b), (c) or (d).

Sewerage A right —










those pipes for sewerage

purposes; and





paragraph (a).

47. Entry under easement

Section 58 applies to a right of entry under any of the following

short form easements in the same way as it applies to a right of

entry under a statutory easement —

(a) a light and air easement;

(b) a party wall easement;

(c) an intrusion easement;




r. 48


(d) an easement in gross;

(e) an easement for utility services.


Section 58 sets out the notice requirements that apply when a person needs to enter a lot or common property to exercise rights under a statutory easement.

48. Rectification of damage

(1) Any damage caused to a lot or common property in the course

of exercising a right of entry under the following short form

easements must be repaired and made good as soon as

practicable by the person exercising those rights —

(a) a light and air easement;

(b) a party wall easement;

(c) an intrusion easement;

(d) an easement in gross;

(e) an easement for utility services.

(2) Subregulation (1) does not apply to the extent that the damage

was the result of an unreasonable act or omission on the part of

the owner of the lot damaged or, in the case of damage to

common property, on the part of the community corporation for

the community titles scheme whose function it is to control and

manage that common property.

49. Indemnity payable by grantee


relevant claim means any action, liability, proceeding, claim,

cost or expense that the grantor suffers, incurs or sustains in

connection with, or arising in any way out of, the loss of or

damage to any property or the death or injury of any person.

(2) This regulation applies if —

(a) the grantee is the owner of a lot benefited by a short

form easement; and



Division 5 Rights and liabilities under short form restrictive covenants

r. 50


(b) the short form easement is exclusive to the grantee.

(3) The grantee under any of the following short form easements

must indemnify and keep indemnified the grantor against all

relevant claims resulting from the exercise of the rights

conferred by the easement by the grantee or by any other person

entitled to exercise the rights conferred by the easement —

(a) a vehicle access easement;

(b) a light and air easement;

(c) a party wall easement;

(d) an intrusion easement;

(e) a pedestrian access easement.

50. Payment of consideration

If a short form document requires the grantee of a short form

easement to pay consideration for the grant of the easement

(whether as a single payment or instalments), the rights

conferred by the easement are subject to the payment of that

consideration.

Division 5 — Rights and liabilities under short form restrictive

covenants

51. General

For the purposes of section 38(2), the rights and liabilities under

a short form restrictive covenant that is identified in accordance

with Division 2 by its short form description are as specified by

this Division in relation to that short form description, subject to

any contrary provision in the short form document.


Section 38(4) provides further information on restrictive covenants.

52. Right of way restrictive covenant

(1) Under a right of way restrictive covenant, the covenantor

covenants with the covenantee that no new development may



Rights and liabilities under short form restrictive covenants Division 5

r. 53


occur within a specified distance of a right of way that is

identified on the scheme plan or a relevant amendment of the

scheme plan so as to accommodate widening of the right of way

should it be required in the future.

(2) The short form document must specify the distance within

which no new development may occur.

(3) The restrictive covenant —



plan as a lot or common property burdened by the

restrictive covenant; and




53. Land use restrictive covenant

(1) Under a land use restrictive covenant, the covenantor covenants

with the covenantee that the covenant area may be used only for

a use or class of use specified in the short form document.










1. For example, a land use restrictive covenant could provide that the covenant area may be used only for purposes of accommodation for aged and dependant persons or for the purposes of single bedroom dwellings.

2. Under section 37(2), a scheme plan, or an amendment of a scheme plan, for a community titles scheme may restrict the purposes for which the whole or a part of the parcel may be used (a restricted use



Division 5 Rights and liabilities under short form restrictive covenants

r. 54


condition). A restricted use condition is another way in which use of the land may be restricted.

54. Conservation restrictive covenant

(1) Under a conservation restrictive covenant, the covenantor

covenants with the covenantee that the covenant area must not

be used contrary to any restriction on the use of the covenant

area that is specified in the short form document so as to protect

areas identified for conservation.









55. Building envelope restrictive covenant

(1) Under a building envelope restrictive covenant, the covenantor

covenants with the covenantee that, unless otherwise approved

by the covenantee, no buildings may be built, and no effluent

disposal systems may be built or used, outside the defined

building envelope.

(2) The scheme plan or a relevant amendment of the scheme plan

must show the defined building envelope.











Rights and liabilities under short form restrictive covenants Division 5

r. 56


56. Fire restrictive covenant

(1) Under a fire restrictive covenant, the covenantor covenants with

the covenantee that no habitable buildings may be built within

areas identified on the scheme plan or a relevant amendment of

the scheme plan as BAL-40 or BAL-Flame Zone in accordance

with Australian Standard AS 3959 published by Standards

Australia.










Part 7 Schedule of unit entitlements

r. 57


Part 7 — Schedule of unit entitlements

57. Determining capital value of a lot


improvements has the meaning given in the Valuation of Land

Act 1978 section 4(1);

merged improvements has the meaning given in the Valuation

of Land Act 1978 section 4(1);

property type, of a lot, means the classification of the lot as

residential, commercial or industrial land;

vacant lot means a lot that is wholly unimproved apart from

having merged improvements.

(2) This regulation does not apply to a vacant lot.

(3) For the purposes of section 41(4), a determination of the value

of a lot defined by reference to a scheme building that is made

for the purposes of registering a schedule of unit entitlements, or

an amendment of a schedule of unit entitlements, must be made

in accordance with this regulation.

(4) A licensed valuer must determine the capital value of a lot as if

it had the standard level of internal fit out and finishes for that

lot.

(5) The standard level of internal fit out and finishes for a lot is the

level of fit out and finishes that the licensed valuer determines

to be a reasonable representation of the average expected level

of fit out and finishes for lots in the community titles (building)

scheme of that property type and of commensurate age.

(6) The standard level of internal fit out and finishes for a lot must

be determined by the licensed valuer after —

(a) conducting a physical inspection of the tier parcel of the

community titles (building) scheme; and

(b) conducting an internal inspection of as many lots in the

community titles (building) scheme as is reasonably


Schedule of unit entitlements Part 7

r. 58


practicable to enable the licensed valuer to make a

reasonable assessment of the average expected level of

fit out and finishes for lots of the same property type and

of commensurate age; and

(c) taking into account any relevant information obtained

from the following —

(i) the community corporation for the community

titles scheme to which the lot belongs;

(ii) the scheme plan that identifies and locates the

lot;

(iii) the original subdivision owner of the lot;

(iv) the community development statement for the

community scheme to which the lot belongs.

(7) A licensed valuer must not use improvements to a lot to

determine the capital value of the lot unless the improvements

are shown on the scheme plan.

58. Certificate by licensed valuer


certificate means a certificate issued by a licensed valuer in

relation to a schedule of unit entitlements, or an amendment of a

schedule of unit entitlements.

(2) For the purposes of section 41(6), a certificate must —

(a) be in an approved form; and

(b) specify the date on which the licensed valuer issued the

certificate.


See regulation 4 for the requirements of an approved form.

(3) For the purposes of section 41(7), the date of issue of a

certificate must be no more than 2 years before the application

to register a schedule of unit entitlements, or amendment of a


Part 7 Schedule of unit entitlements

r. 58


schedule of unit entitlements, is lodged for registration with the

Registrar of Titles.


Scheme by-laws Part 8

r. 59


Part 8 — Scheme by-laws

59. Explanation of scheme by-laws

The explanation of the effect of section 48 that must be given

under section 48(2)(d) is an explanation in the form of, or to the

effect of, Schedule 1.

60. Maximum penalty for contravention of scheme by-laws

For the purposes of section 48(7)(a), the maximum amount that

may be imposed by the Tribunal by way of penalty for

contravention of scheme by-laws is $2 000.


Part 9 Common property infrastructure easements

Division 1 Special procedures for notice or voting

r. 61


Part 9 — Common property infrastructure easements

Division 1 — Special procedures for notice or voting

61. Special procedures for notice to apply s. 57 to infrastructure

contract

(1) For the purposes of section 57(8)(a), a notice of a proposed

resolution to apply section 57 to an infrastructure contract must

include the following information —

(a) a statement of the effect of section 57(3) to (7);

(b) a copy of the infrastructure contract;

(c) a statement as to whether the resolution is to be passed

as an ordinary resolution or a special resolution.

(2) The copy of the infrastructure contract must include or be

accompanied by the following —

(a) the name and contact details of the infrastructure owner;

(b) a description of the easement area, being the proposed

location of the infrastructure on the common property

(including a drawing of that location);

(c) particulars of who will benefit from the common

property infrastructure easement;

(d) particulars of who is entitled to the benefits of the

infrastructure to which the infrastructure contract relates.

Division 2 — Terms and conditions that are taken to be implied

in infrastructure contract


This Division applies for the purposes of section 57(8)(b).

63. Planning or other approval

(1) A community corporation that is a party to an infrastructure

contract gives its written consent to the making of an


Common property infrastructure easements Part 9 Terms and conditions that are taken to be implied in

infrastructure contract Division 2

r. 64


application by the infrastructure owner for planning approval, or

any other approval, required by written law to install and

operate the infrastructure the subject of the infrastructure

contract in the easement area specified in the contract.

(2) An infrastructure owner must obtain planning approval, or any

other approval, required by written law to install and operate the

infrastructure the subject of the infrastructure contract and, if

requested to do so by the community corporation that is a party

to the infrastructure contract, provide evidence of the approval

to the community corporation.

64. Benefit of infrastructure

An infrastructure owner is entitled to the benefit of the

infrastructure the subject of the infrastructure contract.

65. Damage to common property

(1) A community corporation that is a party to an infrastructure

contract may, by written notice, terminate the contract if the

installation or operation of the infrastructure the subject of the

infrastructure contract causes damage to the common property

and the infrastructure owner fails to repair that damage in

accordance with section 59.

(2) No cause of action against the community corporation arises

from a termination exercised in accordance with

subregulation (1).

66. Maintenance of common property within easement area

(1) Unless the infrastructure contract provides otherwise, the

infrastructure owner must keep in good and serviceable repair,

and properly maintain, the common property over which there is

an easement area specified in the infrastructure contract in

accordance with section 57(2)(a).

(2) Subregulation (1) does not impose an obligation on the

infrastructure owner to renew or replace the common property.



Division 3 Rights and obligations of community corporation and infrastructure owner

r. 67


67. Notice of intention to terminate where no term specified

(1) This regulation applies if an infrastructure contract does not

specify the term of the contract or a period in which notice may

be given to terminate the contract.

(2) An infrastructure owner or a community corporation that is a

party to an infrastructure contract may terminate the contract by

giving written notice to the other parties to the contract.

(3) The written notice must be given not less than 3 months before

the day on which the contract is to terminate.

Division 3 — Rights and obligations of community corporation

and infrastructure owner


This Division applies for the purposes of section 57(8)(c).

69. Rights and obligations relating to required insurance


required insurance means insurance that a community

corporation must obtain under section 83.

(2) If a community corporation is unable to obtain required

insurance, or to obtain required insurance on reasonable terms,

as a result of the presence of the infrastructure the subject of the

infrastructure contract on the common property, the community

corporation may give written notice to the infrastructure owner

requiring the infrastructure owner to do 1 or more of the

following —

(a) take specified action within a specified period;

(b) refrain from taking specified action;

(c) pay a specified amount to the community corporation

within a specified period, being an amount equal to the

part of the premium payable by the community

corporation for the required insurance that is attributable


Common property infrastructure easements Part 9 Rights and obligations of community corporation and

infrastructure owner Division 3

r. 70


solely to the risk associated with the presence of the

infrastructure on the common property.

(3) An infrastructure owner given a notice under subregulation (2)

must comply with the notice.

70. Rights of infrastructure owner

Unless the infrastructure contract provides otherwise, an

infrastructure owner has a right to undertake the following in

relation to the infrastructure the subject of the infrastructure

contract —

(a) install or remove utility conduits on the common

property specified in the infrastructure contract that are

required to operate the infrastructure;

(b) anything else that is necessary to enable the rights of the

infrastructure owner described in section 57(3) to be

exercised.

71. Obligations relating to certain costs and charges

(1) An infrastructure owner must pay any costs incurred with

respect to the following —

(a) installing and removing the infrastructure the subject of

the infrastructure contract;

(b) operating that infrastructure;

(c) examining, maintaining, repairing, modifying and

replacing that infrastructure.

(2) An infrastructure owner must pay any utility service charge

incurred in respect of operating the infrastructure the subject of

the infrastructure contract.

72. Obligations relating to infrastructure insurance

(1) An infrastructure owner must obtain and maintain insurance for

the infrastructure the subject of the infrastructure contract that

insures that infrastructure against fire, storm and tempest



Division 3 Rights and obligations of community corporation and infrastructure owner

r. 73


(excluding damage by sea, flood or erosion), lightning,

explosion and earthquake —

(a) to replacement value; or

(b) to replacement value up to, for an event of a specified

kind, a maximum amount specified in the contract of

insurance that is a reasonable limitation in the

circumstances.

(2) An infrastructure owner must provide evidence of the insurance

specified in subregulation (1) to the community corporation that

is a party to the infrastructure contract, if requested to do so by

the community corporation.

73. Obligations relating to changes in ownership

(1) An infrastructure owner must not do any of the following in

relation to the infrastructure the subject of the infrastructure

contract, without obtaining the prior written consent of the

community corporation that is a party to the contract —

(a) transfer the ownership of the infrastructure;

(b) dispose of the infrastructure;

(c) transfer or assign the rights and obligations of the

infrastructure owner under the infrastructure contract.

(2) The prior written consent of the community corporation must

not be unreasonably withheld.

(3) A significant change in the ownership or control of a body

corporate that is an infrastructure owner is taken to be a transfer

or assignment of the rights and obligations of the infrastructure

owner under subregulation (1)(c).

74. Obligation relating to removal of infrastructure

If an infrastructure contract is terminated, the infrastructure

owner must remove the infrastructure the subject of the

infrastructure contract from the common property as soon as


Common property infrastructure easements Part 9 Rights and obligations of community corporation and

infrastructure owner Division 3

r. 74


practicable, unless the infrastructure contract provides

otherwise.


Part 10 Community corporations

r. 75


Part 10 — Community corporations

75. Minimum insurance for community titles scheme

For the purposes of section 83(1)(b), the amount of insurance

cover is not less than $10 000 000 for each community titles

scheme in the community scheme.

76. Requirement to have 10 year plan

(1) For the purposes of section 85(2)(a)(iii), the 10 year plan for the

reserve fund of a community corporation must include the

following information —

(a) the name of the community corporation and the address

of the community titles scheme for which the

community corporation is established;

(b) a statement as to whether the community titles scheme

referred to in paragraph (a) is a community titles

(building) scheme or a community titles (land) scheme;

(c) the name and address of the person who prepared the

plan;

(d) if the community corporation employs or engages a

person to prepare the plan — the qualifications (if any)

of each individual who prepares the plan or is involved

in preparing the plan;

(e) the period covered by the plan by reference to a date;

(f) a list of the following items that the community

corporation anticipates will require maintenance, repair,

renewal or replacement in the period covered by the plan

(the covered items) —

(i) items of common property, including utility

conduits, fixtures and improvements to that

common property;

(ii) items of personal property;

(iii) items of utility infrastructure, sustainability

infrastructure, public infrastructure or other


Community corporations Part 10

r. 76


infrastructure on common property including

items relating to transport and traffic control,

community and recreational facilities and

bushfire management;

(g) a report about the condition of the covered items and the

anticipated maintenance, repair, renewal or replacement

requirements of the covered items in the period covered

by the plan (a condition report);

(h) the method by which the estimated costs for the

anticipated maintenance, repair, renewal or replacement

of the covered items, as set out in the plan, were

determined, including any assumptions underlying that

determination;

(i) a plan or recommendation for the funding of the

estimated costs for the anticipated maintenance, repairs,

renewal or replacement of the covered items.

(2) The covered items may be itemised separately or grouped

together in any way that the community corporation considers

appropriate.

(3) A condition report may relate to a single covered item or a

group of covered items.

(4) A condition report must include the following information about

a covered item that the community corporation considers

appropriate, having regard to the design, age and overall

condition of the community titles scheme —

(a) the date of installation, construction or acquisition (if

known);

(b) the present condition or operating state (including

whether working or not);

(c) the date on which an inspection was last undertaken;

(d) details of any installation, maintenance, repair, renewal

or replacement that is anticipated to be required in the

period of the plan;



r. 77


(e) the date on which it is estimated that maintenance,

repair, renewal or replacement is likely to be required in

the period of the plan;

(f) details of the estimated cost of maintenance, repair,

renewal or replacement;

(g) the estimated lifespan of the covered item once

maintained, repaired, renewed or replaced;

(h) details of any decision not to maintain, repair, renew or

replace a covered item.

(5) The first 10 year plan for a community corporation must be

submitted for approval at the first statutory general meeting of

the community corporation.


1. Section 85(2) requires the 10 year plan to set out the estimated costs for the maintenance, repair, renewal or replacement of the common property and personal property to which the plan relates.

2. A community corporation that employs or engages a person to prepare the 10 year plan may decide what qualifications (if any) are appropriate for that role.

3. Infrastructure that is the subject of an infrastructure contract as defined in section 57(1) is not to be included in the 10 year plan.

77. Expenditure on common property requiring special

resolution

(1) The amount that applies for the purposes of section 87(5) is the

amount determined by multiplying the number of lots and tier

parcels in the community titles scheme by $500.

(2) For the purposes of section 87(5)(a), a notice of a proposed

special resolution to approve a budget or a variation of a budget

to which section 87(5) applies must be provided to members of

the community corporation with the following information

regarding expenditure on the common property —



r. 78


(a) details of the proposed improvement or alteration of the

common property including the following —

(i) a description of the proposed improvement or

alteration, with particulars of what is proposed in

terms of design and materials;

(ii) the proposed timeframe for completion of the

proposed improvement or alteration;

(iii) particulars of the estimated cost of the work

necessary to complete the proposed improvement

or alteration;

(b) a drawing showing where the proposed improvement or

alteration will occur on the common property;

(c) particulars of a quotation or tender obtained by the

community corporation for the work necessary to

complete the proposed improvement or alteration.

78. Budget variations that are authorised

The amount fixed for the purposes of section 87(6)(a)(ii)

is $500.

79. Rate of interest on contributions in arrears

For the purposes of section 88(1)(f), the maximum rate of

interest payable for a contribution, or an instalment of a

contribution, that is in arrears is 11% per annum.

80. Other records required to be kept

For the purposes of section 91(2), a community corporation for

a community titles scheme must keep the following records —

(a) if the community corporation is a member of another

community corporation —

(i) minutes of the other community corporation’s

general meetings; and

(ii) resolutions of the other community corporation;



r. 81


(b) if the community corporation is a member of another

community corporation’s council —

(i) minutes of the other council’s meetings; and

(ii) records of decisions of the other council.

81. Period in which records must be retained

(1) A document of a type specified in the 1st column of the Table

that a community corporation must make or keep under a

section specified in the 2nd

column of the Table must be kept for

the retention period specified in the 3rd

column of the Table.

(2) Unless otherwise specified, the retention period begins on the

day on which the document was created.

Table

Type of document Section Retention period

Minutes of its

general meetings

and meetings of its

council

s. 91(1)(b)(i) 7 years

Records of its

resolutions and

decisions of its

council

s. 91(1)(b)(ii) 20 years for special

resolutions

7 years in any other

case

Records and

statements of

account made or

kept under

section 86

s. 91(1)(c)(i) 7 years



r. 81



Notices of its

general meetings

and meetings of its

council

s. 91(1)(c)(ii) 7 years

Notices of

proposed

resolutions and

material submitted

to members in

connection with

proposed

resolutions

s. 91(1)(c)(iii) 7 years

Notices of

disclosures made

under

section 67, 119(2)

or 121

s. 91(1)(c)(iv) 7 years

All

correspondence,

other notices and

orders it or its

council sends or

receives

s. 91(1)(c)(v) 7 years

A lease accepted

under section 78

and any instrument

of surrender of

such a lease

s. 91(1)(c)(vi) 7 years beginning on

the day after the day

on which the lease

ends

A contract it

entered into and

s. 91(1)(c)(vii) 20 years beginning




r. 81



any variation,

extension or

termination of such

a contract

on which the contract

ends for an insurance

contract, or an

infrastructure

contract for a

common property

infrastructure

easement, including

any variation,

extension or

termination of such a

contract

7 years beginning on


on which the contract

ends in any other

case

A lease, licence or

other document

granting a special

privilege over the

common property

(other than

exclusive use

by-laws)

s. 91(1)(c)(viii) 7 years beginning on


on which the lease,

licence or other

document granting a

special privilege ends

A key document it

has received

s. 91(1)(c)(ix) The life of the

scheme (except

where a shorter

period is specified in

relation to that

document elsewhere

in this Table)



r. 82



A document it has

kept or received

under section 56

s. 91(1)(c)(x) The life of the

scheme

A certificate given

under section 97

s. 91(1)(c)(xi) 7 years

Records required

to be kept under

regulation 80

s. 91(2) 20 years for special

resolutions

7 years in any other

case

82. Form of records

A record that must be made or kept by a community corporation

under section 91 may be made or kept in electronic form.

83. Person with proper interest in information


enduring power of attorney has the meaning given in the

Guardianship and Administration Act 1990 section 102;

residence contract has the meaning given in the Retirement

Villages Act 1992 section 3(1);

resident has the meaning given in the Retirement Villages

Act 1992 section 3(1);

retirement village has the meaning given in the Retirement

Villages Act 1992 section 3(1).



r. 84


(2) For the purposes of section 94(2)(e), a person in any of the

following classes of persons is specified as a person who has a

proper interest in information about a community titles

scheme —

(a) a person appointed as a guardian or administrator under

the Guardianship and Administration Act 1990 of the

owner of a lot in the community titles scheme or a

related community titles scheme;

(b) if the whole or a part of the tier parcel is, or is intended

to be, used or occupied as a retirement village —

(i) a resident of the retirement village; or

(ii) a person who has entered into a residence

contract in relation to the retirement village;

(iii) a person who has been appointed as a guardian

or administrator under the Guardianship and

Administration Act 1990 of a person referred to

in subparagraph (i) or (ii);

(c) a person acting under a power of attorney, including an

enduring power of attorney, for —

(i) the owner of a lot in the community titles scheme

or a related community titles scheme; or

(ii) a person referred to in paragraph (b)(i) or (ii).

84. Fees for applications

(1) For the purposes of section 94(4), the following amounts are

fixed as the maximum fee for an application under section 94 —

(a) in the case of an application for information under

section 95 — $10;

(b) in the case of an application for inspection of material

under section 96 —

(i) if the application is by a person who has a proper

interest in information about a community titles

scheme — $1; or



r. 85


(ii) if the application is by a person authorised in

writing by the person referred to in

subparagraph (i) — $100;

(c) in the case of an application for a certificate under

section 97 — $140.

(2) An application under section 94 is not duly made to a

community corporation until the fee (if any) charged by the

community corporation for the application has been paid.

(3) A maximum fee under this regulation is increased by 10% if the

community corporation is required to remit GST for the

provision of the service for which the fee is payable.

85. Inspection of material

(1) For the purposes of section 96(4)(a), a community corporation

may, by notice in writing to an applicant, specify requirements

for the taking of extracts from, or the making of copies of,

material that the person inspects under section 96 (the specified

requirements).

(2) A person inspecting material under section 96 may take extracts

from, or make copies of, the material but only in accordance

with the specified requirements.

(3) Despite subregulation (1), a community corporation must not —

(a) prevent the person from photographing any of the

material during the inspection using the person’s own

camera; or

(b) impose restrictions on the person photographing any of

the material during the inspection using the person’s

own camera; or

(c) charge the person a fee for any such photographing.



r. 86


86. Maximum charge for copies of material

(1) For the purposes of section 96(5), the following amounts are

fixed as the maximum fee that may be charged by a community

corporation for providing a copy of material under section 96 —

(a) for the supply of a copy of the material on a portable

data storage device provided by the community

corporation — $50 plus the actual cost of the device;

(b) for the supply of a photocopy of the material — $50 for

the first 5 pages plus $1 for each extra page of the

photocopy;

(c) for the supply of an electronic copy of the material by

email or other electronic transmission — $50.

(2) A community corporation may refuse to provide a copy of

material until the fee (if any) charged by the community

corporation under section 96(5) for providing the copy is paid.

(3) A maximum fee under this regulation is increased by 10% if the

community corporation is required to remit GST for the

provision of the service for which the fee is payable.

87. Voting

For the purposes of section 106(4)(b), a notice of a proposed

resolution must include the following information when

detailing the voting system to be used in accordance with

section 106(3)(b)(ii) —

(a) how the vote will be conducted;

(b) how a vote may be submitted;

(c) the opening and closing dates for submitting a vote;

(d) how the owner of a lot will know their vote has been

cast;

(e) how the results of the vote will be published;

(f) whether the proposed resolution is to be passed as an

ordinary resolution or a special resolution;



r. 88


(g) the reasons for, or the purpose of, the proposed

resolution;

(h) whether the proposed resolution is a matter for voting on

by a tier 1 corporation or a tier 2 corporation.

88. Limitations on scheme manager being appointed as proxy

(1) This regulation applies for the purposes of section 107(7).

(2) A scheme manager for a community corporation in a

community scheme must not be appointed as a proxy for a

member of the council of a community corporation in the

community scheme.

(3) A scheme manager for a community corporation must not be

appointed as a proxy for a member of the community

corporation unless the instrument of appointment limits the vote

to a specified meeting or a vote on a specified resolution.

89. Agenda for general meeting

(1) For the purposes of section 109(5)(b)(v), an agenda for a

general meeting must include the following —

(a) for a proposed resolution — a statement as to whether

the resolution relates to —

(i) a matter within the community titles scheme; or

(ii) a community titles scheme in which the

community corporation is a member; or

(iii) a community titles scheme that belongs to the

community titles scheme of the community

corporation;

(b) for an item of business — the contact details for a

person who can provide further information about the

item and a statement as to whether the item relates to —

(i) a matter relating to the community titles scheme;

or



r. 89


(ii) a matter for discussion by the community

corporation as a member of another community

corporation in the community scheme; or

(iii) a community titles scheme that belongs to the

community titles scheme of the community

corporation;

(c) a list of any documents or other information associated

with a proposed resolution or other item of business that

has been prepared, or supplied, by —

(i) the council of the community corporation that is

convening the meeting; or

(ii) the scheme manager of the community

corporation that is convening the meeting; or

(iii) a community corporation that is a member of the

community corporation that is convening the

meeting.

(2) If an agenda for a meeting includes a list of any documents or

other information under subregulation (1)(c), the agenda must

specify where the documents or other information may be

inspected or obtained.


Scheme managers Part 11


r. 90


Part 11 — Scheme managers


90. Terms used

In this Part —

criminal record statement has the meaning given in

regulation 94(1);

designated person, in relation to a scheme manager, means an

individual who is an agent, employee or contractor of the

scheme manager and who is authorised or expected to perform,

or does perform, a scheme function that the scheme manager is

authorised to perform;

educational qualifications means the educational qualifications

set out in regulation 96;

key role has the meaning given in regulation 91;

national criminal record check means a document issued by

the Police Force of Western Australia, the Australian Federal

Police or another body or agency approved by the community

corporation that sets out, or summarises in a manner acceptable

to the community corporation, the criminal convictions of an

individual for offences under the law of this State, the

Commonwealth, another State or a Territory;

principal means an individual who is —

(a) a scheme manager; or

(b) a director of a body corporate that is a scheme manager;

or

(c) if the scheme manager is a partnership — 1 of the

partners; or

(d) a designated person who meets the educational

qualifications set out in items 1 or 2 of the Table to

regulation 96;


Part 11 Scheme managers

Division 1 Preliminary

r. 91


property or dishonesty offence means an offence (whether

committed inside or outside the State) —

(a) that involves dishonesty, deception, fraud, stealing,

robbery, extortion, burglary, bribery, property

laundering, receiving stolen property or perjury; and

(b) for which the penalty specified by a written law is or

includes imprisonment for 3 months or more;

qualified person means —

(a) an individual who holds a licence as a real estate agent

under the Real Estate and Business Agents Act 1978 or

who has obtained the necessary qualifications to hold

that licence; or

(b) a local legal practitioner; or

(c) an individual who holds a CPP40307 Certificate IV in

Property Services (Real Estate); or

(d) an individual who holds a CPP40611 Certificate IV in

Property Services (Operations); or

(e) an individual who holds a CPP41419 Certificate IV in

Real Estate Practice;

relevant body corporate has the meaning given in

regulation 93(1);

relevant partnership has the meaning given in regulation 93(1).

91. Key role

(1) In this Part, a designated person has a key role in performing a

scheme function if the designated person performs, or is

expected to perform, 1 or more of the following scheme

functions, with no supervision or minimal supervision by a

principal —

(a) liaise with or report to the community corporation;

(b) attend or conduct meetings of the community

corporation or meetings of the council of the community

corporation;



Criminal record checks Division 2

r. 92


(c) prepare or supervise the preparation of documents and

correspondence associated with the management of the

community corporation;

(d) perform or supervise the carrying out of a scheme

function under a scheme management contract

including, without limitation, any of the following

functions —

(i) collecting contributions on behalf of the


(ii) obtaining or renewing insurance on behalf of the


(iii) making or attending to claims against insurance

on behalf of the community corporation;

(iv) keeping the scheme contacts register of the

community corporation up to date.

(2) A designated person does not have a key role in performing a

scheme function if the designated person’s primary role is to

provide assistance, administrative support or other support

services to the principal, or to another designated person who

does have a key role in performing scheme functions, under the

supervision of that principal or other designated person.

Division 2 — Criminal record checks


This Division applies for the purposes of section 118(1)(b)(i).

93. Scheme manager must obtain national criminal record

checks


relevant body corporate, in relation to a scheme manager,

means a body corporate that is an agent or contractor of the

scheme manager;



Division 2 Criminal record checks

r. 93


relevant partnership, in relation to a scheme manager, means a

partnership that is an agent or contractor of the scheme

manager.

(2) A scheme manager must, if the scheme manager is an

individual —

(a) obtain a national criminal record check in respect of the

scheme manager; and

(b) obtain a new national criminal record check in respect of

the scheme manager at least once every 3 years.

(3) A scheme manager must, if the scheme manager is a body

corporate or partnership —

(a) obtain a national criminal record check in respect of

each of its directors or partners (whichever case

applies); and

(b) obtain a new national criminal record check in respect of

each of its directors or partners (whichever case applies)

at least once every 3 years.

(4) A scheme manager must not employ or engage, or continue to

employ or engage, a designated person unless —

(a) the scheme manager obtains a national criminal record

check in respect of the designated person; and

(b) the scheme manager obtains a new national criminal

record check in respect of the designated person at least

once every 3 years; and

(c) the designated person consents to the scheme manager

obtaining the national criminal record check and

disclosing the particulars of the national criminal record

check to any community corporation for which the

scheme manager performs functions as a scheme

manager.

(5) A scheme manager must not authorise, or continue to authorise,

a relevant body corporate or a relevant partnership to perform a



Criminal record checks Division 2

r. 93


scheme function that the scheme manager is authorised to

perform unless the scheme manager —

(a) obtains a national criminal record check in respect of —

(i) if the authorisation is for a relevant body

corporate — each of the directors of the relevant

body corporate; and

(ii) if the authorisation is for a relevant

partnership — each of the members of the

relevant partnership; and

(iii) any employees of the relevant body corporate or

the relevant partnership (whichever case applies)

who may be authorised or expected to perform

the scheme function;

and

(b) obtains a new national criminal record check at least

once every 3 years in respect of —

(i) if the authorisation is for a relevant body

corporate — each of the directors of the relevant

body corporate; and

(ii) if the authorisation is for a relevant

partnership — each of the members of the

relevant partnership; and

(iii) any employees of the relevant body corporate or

the relevant partnership (whichever case applies)

who may be authorised or expected to perform

the scheme function;

and

(c) if a national criminal record check has been obtained in

respect of a person described in paragraph (a)(i), (ii) or

(iii) or a person described in paragraph (b)(i), (ii) or

(iii) — obtains the consent of that person to the

disclosure of the particulars of the national criminal

record check in a statement to any community



Division 2 Criminal record checks

r. 94


corporation for which the scheme manager performs

functions as a scheme manager.

94. Scheme manager must give criminal record statement to

community corporation

(1) A scheme manager must make a statement (a criminal record

statement) and give a copy of the statement to any community

corporation before entering into, or renewing, a scheme

management contract with the community corporation.

(2) In the criminal record statement, the scheme manager must —

(a) declare that the scheme manager has obtained the

national criminal record checks that the scheme manager

must obtain under regulation 93; and

(b) declare that each of those national criminal record

checks is less than 3 years old; and

(c) if a national criminal record check has revealed that a

person has been convicted of a property or dishonesty

offence — disclose particulars of the conviction in

accordance with subregulation (4); and

(d) declare that the national criminal record checks obtained

by the scheme manager do not reveal any convictions

for property or dishonesty offences, other than those (if

any) that have been disclosed by the scheme manager.

(3) A criminal record statement must be in the form of a statutory

declaration made, in accordance with the Oaths, Affidavits and

Statutory Declarations Act 2005, by one of the following

persons —

(a) the scheme manager;

(b) if the scheme manager is a body corporate — by a

director of the body corporate;

(c) if the scheme manager is a partnership — by one of the

partners.



Educational qualifications Division 3

r. 95


(4) A scheme manager who must disclose particulars of a

conviction for a property or dishonesty offence must disclose to

the community corporation —

(a) the identity of the person convicted; and

(b) the role of the person in the business of the scheme

manager; and

(c) particulars of the offence or offences concerned.

Division 3 — Educational qualifications


This Division applies for the purposes of section 118(1)(b)(ii).

96. Educational qualifications to be met by particular

individuals

The qualifications set out in Column 2 of the Table are the

educational qualifications to be met by the individual described

in Column 1 of the Table.

Table

Item Column 1 Column 2

Individual Qualification

1. A principal who is

a qualified person

(a) The following 4 units in

Certificate IV Strata Community

Management —

(i) CPPDSM3017 Work in the

strata community

management sector;

(ii) CPPDSM3020 Source and

extract information from

strata plans;

(iii) CPPDSM4085 Handle strata



Division 3 Educational qualifications

r. 96




community funds held on

trust;

(iv) BSBFIA412 Report on

financial activity;

and

(b) at least 2 of the following units in


Management —

(i) CPPDSM4084 Administer

insurance for strata

communities;

(ii) CPPDSM4086 Oversee

preparation of strata

community budgets;

(iii) CPPDSM4087 Facilitate

operation of owners

committee;

(iv) CPPDSM4082 Monitor

service requirements of

owners and occupiers in

strata communities;

(v) CPPDSM4045 Facilitate

meetings in the property

industry;

(vi) CPPCMN4008 Read plans,

drawings and specifications

for residential buildings.

2. A principal who is Certificate IV in Strata Community




r. 96




not a qualified

person

Management

3. A designated

person in relation

to a scheme

manager who has a

key role in

performing scheme

functions who is

not a principal and

not a qualified

person

(a) The following 4 units in


Management —


strata community

management sector;



strata plans;



trust;


financial activity;

and



Management —



communities;



community budgets;


operation of owners



Division 3 Educational qualifications

r. 96




committee;




strata communities;



industry;




4. A designated

person in relation

to a scheme

manager who has a

key role in

performing scheme

functions who is

not a principal but

is a qualified

person

(a) The following 4 units in Certificate

IV Strata Community

Management —


strata community

management sector;



strata plans;



trust;


financial activity;

and






r. 97




Management —



communities;



community budgets;


operation of owners

committee;




strata;



industry;




97. Changes to titles of units


National Register means the National Register on Vocational

Education and Training managed by the Department of

Education, Skills and Employment of the Commonwealth.



Division 4 Professional indemnity insurance

r. 98


(2) For the purposes of this Division, a person is taken to have

completed a unit of a particular title in Certificate IV Strata

Community Management if the person has completed —

(a) a unit in Certificate IV Strata Community Management

of a different title that supersedes it, but only if the unit

completed is equivalent according to the National

Register; or

(b) a unit in Certificate IV Strata Community Management

of a different title that was superseded by it, but only if

the unit completed is equivalent according to the

National Register.

Division 4 — Professional indemnity insurance


This Division applies for the purposes of section 118(1)(c).

99. Scheme manager must obtain and maintain professional

indemnity insurance

(1) For the purposes of subregulation (2)(a), adequate insurance

cover is an amount of insurance cover that is adequate to insure

a scheme manager against any potential liability of —

(a) the scheme manager in the performance of scheme

functions as a scheme manager; and

(b) any person who is authorised or expected to perform, or

does perform, scheme functions that the scheme

manager is authorised to perform.

(2) A scheme manager must maintain professional indemnity

insurance that provides —

(a) adequate insurance cover of not less than $1 000 000 for

any 1 claim during the period of cover; and

(b) an option to obtain an extension of cover, where the

period of extended cover is at least 6 years from the date

on which the policy is issued or renewed (as applicable).



Scheme management contracts Division 5

r. 100


(3) A scheme manager must, before ceasing to be a scheme

manager —

(a) exercise the option to obtain an extension of cover; and

(b) provide evidence to the community corporation that

authorised the scheme manager to perform scheme

functions that the option was exercised.

Division 5 — Scheme management contracts

100. Additional matters to be included in scheme management

contract

Subject to regulation 101, for the purposes of section 119(1)(k),

a scheme management contract must include the matters listed

in the Table.

Table

Item Matters to be included in contract

1. A warranty that the scheme manager will —

(a) obtain a national criminal record check as

required by regulation 93; and

(b) not employ or engage, or continue to

employ or engage, a designated person

contrary to regulation 93(4); and

(c) not authorise, or continue to authorise, a

relevant body corporate, a relevant

partnership or an employee of the relevant

body corporate or relevant partnership

contrary to regulation 93(5).

2. A warranty that the scheme manager will —

(a) notify the community corporation, in

writing, as soon as practicable if the

scheme manager becomes aware that the



Division 5 Scheme management contracts

r. 100



scheme manager or a person in relation to

whom the scheme manager must obtain a

national criminal record check has been

convicted of a property or dishonesty

offence; and

(b) disclose the particulars of the conviction in

accordance with regulation 94(4).

3. A warranty that the scheme manager will ensure

that each person who is a principal or a designated

person in relation to the scheme manager and who

has a key role in performing scheme functions —

(a) holds the educational qualifications; and

(b) will hold the educational qualifications for

the duration of the scheme management

contract.

4. A warranty that the scheme manager will, on the

written request of the community corporation,

provide evidence to the community corporation that

each person who is a principal or a designated

person in relation to the scheme manager and who

has a key role in performing scheme functions holds

the educational qualifications.

5. A warranty that the scheme manager holds, and will

continue to hold for the duration of the scheme

management contract, professional indemnity

insurance at the level required by regulation 99.

6. A warranty that the scheme manager will, on the

written request of the community corporation,

provide evidence to the community corporation of

the following —



Scheme management contracts Division 5

r. 101



(a) the amount of professional indemnity

insurance cover;

(b) the type of claims that are covered by the

professional indemnity insurance;

(c) the option to obtain an extension of cover;

(d) any exclusions from cover;

(e) the amount of excess to be paid in the

event of a claim.

101. Transitional provision for compliance with educational

qualification requirements


transitional period means the period of 2 years beginning on

commencement day.

(2) This regulation applies to a scheme management contract

entered into during the transitional period.

(3) If the scheme manager is unable to comply with the warranty set

out in item 3 of the Table to regulation 100 in respect of a

designated person in relation to the scheme manager who has a

key role in performing scheme functions, the scheme

management contract must include the following —

(a) a warranty that the scheme manager will ensure that, by

the end of the transitional period, each person who is a

designated person in relation to the scheme manager and

who has a key role in performing scheme functions —

(i) will hold the educational qualifications; and

(ii) will hold the educational qualifications for the

duration of the scheme management contract;

(b) a warranty that, after the end of the transitional period,

the scheme manager will, on the written request of the



Division 6 Financial provisions relating to scheme managers

r. 102


community corporation, provide evidence to the

community corporation that each person who is a

designated person in relation to the scheme manager and

who has a key role in performing scheme functions

holds the educational qualifications.

Division 6 — Financial provisions relating to scheme managers

102. Disclosure of remuneration and other benefits

(1) For the purposes of section 121(2), section 121(1) does not

apply to any remuneration or other benefit received from a

person in connection with the scheme manager’s performance

of scheme functions for the community corporation if —

(a) the amount of the remuneration or other benefit is less

than $100; and

(b) the total amount of remuneration or other benefit

received from that person in connection with the scheme

manager’s performance of scheme functions for the

community corporation during the calendar year is less

than $100.

(2) If any remuneration or other benefit is non-monetary, the

amount of the remuneration or other benefit is the value of the

remuneration or other benefit.

(3) Remuneration or other benefits received includes any

remuneration or other benefits reasonably expected to be

received.

(4) Remuneration or other benefits are received from the same

person if the same person is responsible for payment of the

remuneration or other benefits (whether or not they are paid

through different intermediaries).



Financial provisions relating to scheme managers Division 6

r. 103


103. Scheme manager to provide periodic return

(1) For the purposes of section 127, a scheme manager (other than a

volunteer scheme manager) must lodge a periodic return, in the

approved form, at the office of the Authority.

(2) The periodic return is required —

(a) for the calendar year that is the 2nd

calendar year to start

on or after commencement day; and

(b) for each of the next 3 calendar years after that.

(3) The periodic return must be lodged within 3 months after the

end of the calendar year to which it relates.

(4) The periodic return must include the following information

(current as at 31 December in the calendar year to which the

return relates) —

(a) the total number of community titles schemes for which

the scheme manager provides services as a scheme

manager, divided into the following categories —

(i) small schemes, being community titles schemes

with less than 6 lots;

(ii) medium schemes, being community titles

schemes with more than 5 lots and less than 21

lots;

(iii) large schemes, being community titles schemes

with more than 20 lots and less than 51 lots;

(iv) very large schemes, being community titles

schemes with more than 50 lots;

(b) the total number of lots in each of the categories referred

to in paragraph (a);

(c) the total number of each of the following schemes for

which the scheme manager provides services as a

scheme manager —

(i) tier 1 schemes;

(ii) tier 2 schemes;



Division 6 Financial provisions relating to scheme managers

r. 103


(iii) tier 3 schemes;

(d) the total number of tier 2 schemes and tier 3 schemes for

which the scheme manager provides services as a

scheme manager that belong to a tier 1 scheme recorded

for the purposes of paragraph (c)(i);

(e) an estimate of the total amount of money held, in

accordance with section 122(1), by the scheme manager

on behalf of all the community titles schemes for which

the scheme manager provides services as a scheme

manager;

(f) a general description of the types of services the scheme

manager provides in respect of community titles

schemes.


Protection of buyers Part 12

r. 104


Part 12 — Protection of buyers

104. Further information to be given before contract

(1) In this regulation

voting right restriction —

(a) means any requirement in a contract for the sale and

purchase of a lot in a community titles scheme that

results in the buyer of the lot losing the right to vote as

an owner of a lot in the community titles scheme or that

restricts that right to vote; and

(b) includes any of the following requirements —

(i) that the buyer of the lot grant an enduring proxy

to the seller;

(ii) that the buyer of the lot grant a power of attorney

to the seller to enable the seller to exercise the

buyer’s voting rights as owner.

(2) For the purposes of section 130(1)(e), the following information

is required —

(a) if the contract contains any voting right restrictions — a

statement that the contract restricts the buyer’s right to

vote as an owner of the lot and that sets out particulars

of the voting right restrictions;

(b) the approved form of a pre-contractual disclosure

statement (buyer’s guide);

(c) a copy of any notice received by the seller from the

community corporation in relation to any current

termination proposal for a community titles scheme in

the community scheme;

(d) the particulars of any debts owed by the seller to a

related community corporation.


A debt referred to in paragraph (d) may include, but is not limited to, a debt incurred by the seller under the terms of exclusive use by-laws or


Part 12 Protection of buyers

r. 105


a debt incurred by the seller as a result of a related community corporation enforcing by-laws against the seller.

105. Information may be given by electronic means

(1) The information and statements required to be given by the

seller under section 130, including the approved form under

section 130(5)(a), may be given by electronic means if the buyer

has consented to receiving information by electronic means or

the contract is to be effected by electronic means.

(2) A notice required to be given by the seller under section 131(1),

or a notice referred to in section 131(4)(c), may be given by

electronic means if the buyer has consented to receiving

information by electronic means or the contract is to be effected

by electronic means.

106. Information to be in a prominent position

For the purposes of section 130(5)(b), the information and

statements required to be given by the seller under section 130

must be included in the contract in a prominent position and

grouped together.


The front page of the contract is an example of a prominent position.

107. Particulars of notifiable variation to be provided to buyer


summary of the contract means a written summary that

includes the following information —

(a) the names and contact details of the contracting parties;

(b) the duration of the contract;

(c) a summary of —

(i) the services or amenities to be provided under

the contract; or


Protection of buyers Part 12

r. 107


(ii) if the contract is not a contract for the provision

of services or amenities — the rights and

obligations of the contracting parties under the

contract;

(d) particulars of the remuneration or other amounts payable

under the contract.

(2) This regulation applies for the purposes of section 131(2).

(3) If a community corporation or an original subdivision owner

enters into a contract and entry into the contract is a notifiable

variation referred to in paragraph (e)(i) of the definition of

type 2 notifiable variation in section 3(1), a notice will be

conclusively presumed to contain the particulars required by

section 131(1) in relation to that notifiable variation if it

contains —

(a) a detailed description of the type 2 notifiable variation

that has occurred; and

(b) a statement that the buyer has rights under the Act to

avoid the contract when that type of notifiable variation

occurs; and

(c) a copy of the contract or a summary of the contract.

(4) If a community corporation or an original subdivision owner

varies an existing contract and that variation is a notifiable

variation referred to in paragraph (e)(ii) of the definition of

type 2 notifiable variation in section 3(1), a notice will be

conclusively presumed to contain the particulars required by

section 131(1) in relation to that notifiable variation if it

contains —

(a) a detailed description of the type 2 notifiable variation

that has occurred; and

(b) a statement that the buyer has rights under the Act to

avoid the contract when that type of notifiable variation

occurs; and


Part 12 Protection of buyers

r. 107


(c) either —

(i) a copy of the contract and a copy of the

variation; or

(ii) a summary of the contract that specifies how the

contract is being varied.

(5) If a notifiable variation of a type referred to in paragraph (f) of

the definition of type 2 notifiable variation in section 3(1)

occurs, a notice is conclusively presumed to contain the

particulars required by section 131(1) in relation to that

notifiable variation if it contains —

(a) a copy of the document granting the lease, licence, right

or privilege; or

(b) a copy of the document granting the lease, licence, right

or privilege and a copy of the variation.


Termination proposals Part 13


r. 108


Part 13 — Termination proposals


108. Terms used

In this Part —

accountant has the meaning given in the Legal Profession

Act 2008 section 3;

advisory service means a service that provides any of the

following types of advice —

(a) legal advice from a local legal practitioner regarding a

termination proposal or any part of a termination

proposal process;

(b) financial advice regarding a termination proposal;

(c) taxation advice from an accountant regarding a

termination proposal;

(d) valuation advice from a licensed valuer regarding an

owner’s lot;

affected person means a person referred to in section 145(3)(a),

(b) or (c);

class of vulnerable person means a class referred to in

regulation 136(1)(a), (b) or (c);

full proposal period means the period that begins on the day on

which a community corporation serves a full proposal in

accordance with section 145(3)(a) and ends on the day on which

1 of the following occurs (whichever occurs first) —

(a) the termination resolution is passed (whether or not

subject to confirmation by the Tribunal);

(b) no further votes can be taken on the termination

proposal in accordance with section 149(3);

(c) notice is served in accordance with section 156(2)(a)

that the termination proposal is withdrawn by the

proponent;


Part 13 Termination proposals


r. 108


(d) the full proposal cannot proceed further for the reason

set out in section 157(1)(b);

guaranteed payment amount means an amount set out in

regulation 146;

independent vote counter means the independent person

appointed to tally and count the votes on a termination proposal,

as provided for by section 149(4);

personal information has the meaning given in the Freedom of

Information Act 1992 Glossary clause 1;

record of votes means the record of votes on a termination

proposal made by the independent vote counter under

section 149(9)(a);

referring community corporation means a community

corporation who has referred a full proposal to an independent

advocate for review and assessment under section 146(2);

relevant person means a person referred to in section 145(3)(a);

representation service means a service provided by a local legal

practitioner relating to proceedings before the Tribunal that are

part of a termination proposal process;

retention period has the meaning given in regulation 151(1);

termination proposal process means the process under Part 11

Division 1 of the Act;

Tribunal confirmation period means the period that begins on

the day on which the proponent of a termination proposal

applies to the Tribunal for confirmation under section 150(1)

and ends on the day on which the Tribunal makes an order

confirming the termination resolution or makes a decision not to

make such an order under section 150(9);

trust means a trust established by the proponent of a termination

proposal in accordance with regulation 142;

trustee means the trustee referred to in regulation 143(1);

vulnerable person has the meaning given in regulation 136(1).



Outline proposal Division 2

r. 109


Division 2 — Outline proposal

109. Details of arrangements for independent advice or

representation

In an outline of a termination proposal, the details of the

proposed arrangements for obtaining independent advice or

representation provided under section 142(1)(i) must include the

following —

(a) details of the trust moneys under Division 6

Subdivision 3 that the proponent will make available to

owners of lots in a community titles scheme proposed to

be terminated for the purpose of enabling the owners to

obtain independent advice or representation in

connection with the proposal, including —

(i) the amount each owner of a lot who is not a

vulnerable person will be able to access; and

(ii) the amount each owner of a lot who is a

vulnerable person will be able to access; and

(iii) what the money can be used for; and

(iv) the arrangements for how and when the money

can be obtained;

(b) the name and contact details of a trustee who will hold

and administer the payment of money under a trust or, if

that is not yet known, a declaration that the name and

contact details of the trustee will be provided to the

community corporation for each community titles

scheme proposed to be terminated in the full termination

proposal.

110. Additional information for outline proposal

For the purposes of section 142(1)(j), an outline of a termination

proposal must include an explanation that under section 159 a

community corporation may charge the proponent reasonable

fees to cover costs associated with undertaking an activity under



Division 3 Independent advocate

r. 111


Part 11 Division 1 of the Act and require those fees to be paid

before undertaking the activity.

Division 3 — Independent advocate

Subdivision 1 — Persons who may be independent advocates

111. Level of independence of independent advocate

(1) This regulation applies for the purposes of section 146(2)(a)

and (6).

(2) An independent advocate is independent of the referring

community corporation and the proponent of the termination

proposal if the independent advocate, and each person employed

or engaged by the independent advocate to assist in the exercise

of functions under section 146, is not —

(a) the proponent or an associate of the proponent; or

(b) a member of a community corporation in the community

scheme in which there is a community titles scheme

proposed to be terminated; or

(c) a scheme manager of a community corporation in the

community scheme in which there is a community titles

scheme proposed to be terminated, or an associate of

that scheme manager.

(3) An independent advocate is independent of the referring

community corporation and the proponent of the termination

proposal if the independent advocate is not directed or coerced

by —

(a) the proponent; or

(b) a member of the referring community corporation; or

(c) a member of the council of the referring community

corporation.



Independent advocate Division 3

r. 112


112. Qualifications of independent advocate

(1) For the purposes of section 146(2)(b), an independent advocate

must be —

(a) a local legal practitioner; or

(b) a person who provides any social services (as defined in

the Children and Community Services Act 2004

section 3) and who holds a degree from an Australian

university that is relevant to the provision of those social

services.

(2) An independent advocate may employ or engage 1 or more of

the following persons to assist in the exercise of functions under

section 146(4) —

(a) a person who is also qualified to be an independent

advocate under subregulation (1);

(b) a person who is registered under the Health Practitioner

Regulation National Law (Western Australia) in the

medical profession;

(c) a person who is registered under the Health Practitioner

Regulation National Law (Western Australia) in the

psychology profession;

(d) an interpreter or Auslan interpreter;

(e) a financial counsellor;

(f) any other person who, in the opinion of the independent

advocate, has relevant training or skills to assist in the

exercise of the functions concerned, such as a person

who has completed training in disability awareness or in

cultural and linguistic diversity.

(3) An independent advocate, or a person employed or engaged to

assist an independent advocate, must not disclose any personal

information obtained about an individual in the course of

exercising functions under section 146(4) except —

(a) with the consent of the individual to whom the

information relates; or




r. 113


(b) with the consent of, or at the request of, the Tribunal; or

(c) if the disclosure is required by these regulations or any

other law.


If an individual disputes a decision of the independent advocate, or a person employed or engaged to assist the independent advocate, to disclose information under this subregulation, the dispute is classified as a scheme dispute under regulation 168(a).

(4) Subregulation (3) does not prevent an independent advocate and

a person employed or engaged to assist the independent

advocate from disclosing personal information obtained about

an individual to each other for the purposes of exercising

functions under section 146(4).

Subdivision 2 — Review, assessment and presentation

113. Assessment of proposal by independent advocate


relevant community titles scheme means the community titles

scheme whose community corporation is the referring

community corporation.

(2) For the purposes of section 146(3)(b) —

(a) if the relevant community titles scheme is a scheme

proposed to be terminated, an independent advocate’s

assessment of the full proposal must address the

following matters —

(i) whether the full proposal contains all the

information required under section 147;

(ii) whether the full proposal appears feasible and

fair to the owners of lots in the relevant

community titles scheme;



Independent advocate Division 3

r. 114


(iii) whether the arrangements for occupiers of the

lots or common property in the relevant

community titles scheme are appropriate;

and

(b) if the relevant community titles scheme is a scheme not

proposed to be terminated, in addition to the matters

listed in paragraph (a), the independent advocate’s

assessment must also consider the effect that the full

proposal will have on the owners of lots in that scheme.

(3) Subregulation (2) is subject to the modification set out in

regulation 164 if all the lots in a community titles scheme

proposed to be terminated (but not all of the lots in the

community scheme) are owned by the same person.

(4) The independent advocate must provide the referring

community corporation with an independent assessment under

section 146(3)(b) within sufficient time to enable the referring

community corporation to give a copy of the assessment to

affected persons at least 7 days before the presentation referred

to in section 146(3)(c) is conducted.

(5) The referring community corporation must —

(a) serve a copy of the assessment on the proponent within

7 days after receiving it from the independent advocate;

and

(b) give or offer to give a copy of the assessment to relevant

persons within 7 days after receiving it from the

independent advocate and at least 7 days before the

presentation referred to in section 146(3)(c) is

conducted; and

(c) ensure that a copy of the assessment is given to relevant

persons who request it.

114. Presentation by independent advocate

(1) For the purposes of section 146(3)(c), the independent advocate

must ensure that the presentation is conducted at least 7 days




r. 114


before the termination proposal is put to a vote under

section 149.

(2) The independent advocate must —

(a) ensure that reasonable arrangements are made with the

referring community corporation to enable relevant

persons to attend and participate in the presentation by

telephone or electronic means if they wish to do so; and

(b) arrange for the referring community corporation to serve

written notice of the presentation on relevant persons at

least 7 days before the presentation is conducted; and

(c) if requested by a relevant person in accordance with

subregulation (3)(c) — ensure that an Auslan interpreter

assists with the presentation; and

(d) ensure that an audio or audiovisual record of the

presentation is made and given to the referring

community corporation.

(3) The notice under subregulation (2)(b) must specify —

(a) the date, time and venue of the presentation; and

(b) the arrangements for attending and participating by

telephone or electronic means (for those relevant

persons who wish to attend and participate in that

manner); and

(c) that a relevant person can request, by notice in writing

served on the referring community corporation at least

3 days before the presentation is conducted, the

assistance at the presentation of an Auslan interpreter.

(4) The independent advocate may proceed with a presentation of

which notice has been duly served even if a relevant person is

unable to attend, or fails to attend, the presentation.



Full proposal Division 4

r. 115


(5) The referring community corporation must make the electronic

copy of the audio or audiovisual record made in accordance

with subregulation (2)(d) available, free of charge, to any of the

following persons who request it —

(a) a relevant person;

(b) a community corporation in the community scheme.

115. Identification of vulnerable person by independent advocate

(1) This regulation applies if the referring community corporation is

the community corporation for a community titles scheme

proposed to be terminated.

(2) For the purposes of section 146(4)(a), the independent advocate

must endeavour to identify if an owner of a lot in the referring

community corporation’s community titles scheme is a

vulnerable person.

Division 4 — Full proposal

116. Notice of completion of service

A community corporation must, on completion of the service

requirements under section 145(3), give written notice of that

fact to the proponent of the full proposal.

117. Tenants entitled to 5 year term

For the purposes of section 147(1)(l), a full proposal for the

termination of community titles schemes must describe, in

detail, what is proposed to happen on termination to tenants

under leases that are subject to the Commercial Tenancy (Retail

Shops) Agreements Act 1985 section 13.

118. Additional information for full proposal


remaining community titles scheme, in relation to a community

scheme in which 1 or more of the community titles schemes are



Division 4 Full proposal

r. 119


proposed to be terminated, means any community titles scheme

in that community scheme not proposed to be terminated.

(2) For the purposes of section 147(1)(l), a full proposal for the

termination of community titles schemes must include the

following information —

(a) a detailed description of what is proposed to happen on

termination to a remaining community titles scheme (if

any);

(b) the name and contact details of the trustee.

119. Person who can provide report of required works

For the purposes of section 147(2)(b), the person providing the

report must be registered as a building service contractor under

the Building Services (Registration) Act 2011 section 18.

120. Valuation methodology

For the purposes of section 147(4), the market value of a lot for

a termination valuation report must be determined using a sales

comparison approach, taking into account the matters referred to

in section 147(4)(a) to (c).

121. Validity period of valuation

For the purposes of section 147(5), a period of 3 months is

specified.


As a result of this regulation, the valuation must be current as at a date that is not more than 3 months before submission of the full proposal to the community corporation.

122. Preparation and certification of reports

For the purposes of section 147(6), a person who prepares and

certifies a termination infrastructure report or termination

valuation report must not be the proponent or an associate of the

proponent.



Additional procedures for dealing with termination proposals Division 5

r. 123


123. Termination valuation report to be given to Valuer-General

For the purposes of section 147(6), a person who prepares and

certifies a termination valuation report must give a copy of the

report to the Valuer-General within 14 days after the day on

which the report was completed.

Division 5 — Additional procedures for dealing with

termination proposals

Subdivision 1 — Meetings

124. Consideration of proposal at joint meeting

(1) For the purposes of section 148(5), after receipt of a full

proposal by a community corporation —

(a) 1 or more general meetings of the community

corporation may be convened jointly with any other

community corporation for a community titles scheme

in the community scheme to consider the termination

proposal; or

(b) 1 or more general meetings of the council of the

community corporation may be convened jointly with a

council of any other community corporation for a

community titles scheme in the community scheme to

consider the termination proposal.

(2) At a joint meeting held under subregulation (1)(b), the councils

may discuss the termination proposal with the proponent.

Subdivision 2 — Voting

125. Application of Subdivision

This Subdivision applies for the purposes of section 149(12).



Division 5 Additional procedures for dealing with termination proposals

r. 126


126. Voting notice

(1) To put a termination proposal to a vote under section 149, a

tier 1 corporation must —

(a) give written notice (a voting notice) to the owners of

lots in the community scheme; and

(b) give a copy of the voting notice to —

(i) if the proponent is not an owner of a lot in the

community scheme — the proponent; and

(ii) each community corporation in the community

scheme (other than the tier 1 corporation).

(2) The voting notice must be given at least 14 days before the day

on which the voting period opens.

(3) The voting notice must specify the following —

(a) the termination proposal that will be put to the vote

(including by specifying the version of the termination

proposal concerned);

(b) how the vote will be conducted (including, if the vote is

to be conducted at a meeting, the date, time and venue

of the meeting);

(c) the days on which the voting period opens and closes;

(d) how a vote may be submitted;

(e) the name of the independent vote counter;

(f) an explanation of what is required to pass the

termination resolution under section 149(6) and (7).

127. Independent vote counter

(1) A tier 1 corporation must appoint an independent vote counter

before serving the voting notice under regulation 126(1)(a).

(2) The independent vote counter must be a person who is not —

(a) the proponent or an associate of the proponent; or




r. 128


(b) a member of any community corporation in the

community scheme or an associate of the member; or

(c) the scheme manager of any community corporation in

the community scheme or an associate of the scheme

manager.

(3) The proponent may request the tier 1 corporation to appoint a

different person as the independent vote counter, but only if the

proponent establishes that the person appointed by the tier 1

corporation does not satisfy the requirements of

subregulation (2).

(4) The independent vote counter may charge a tier 1 corporation a

reasonable amount for remuneration and for reasonable

expenses incurred by the independent vote counter in exercising

the independent vote counter’s functions under the Act.

(5) In the record of votes, the independent vote counter must

identify the community titles scheme to which the lot, for which

the vote is cast, belongs.

128. Provision of record of votes

(1) If a termination resolution is passed as provided for by

section 149(6), the independent vote counter must give the

record of votes for each community titles scheme to the

community corporation for that scheme at the time of giving the

community corporation the written notice under

section 149(9)(b).

(2) If a termination resolution is passed subject to the confirmation

of the Tribunal, the independent vote counter must give the

record of votes to the tier 1 corporation as soon as reasonably

practicable after the tier 1 corporation requests the record of

votes.

(3) The tier 1 corporation must not request that the independent

vote counter give the record of votes to the tier 1 corporation

until the tier 1 corporation receives notice that the proponent has




r. 129


applied to the Tribunal for confirmation of the termination

resolution.

129. Protection of record of votes (resolution subject to

confirmation)

(1) If a termination resolution is passed subject to the confirmation

of the Tribunal, the independent vote counter must give the

record of votes to the tier 1 corporation in a secure electronic

format (a sealed record of votes).

(2) The tier 1 corporation must not view or otherwise access the

information contained in a sealed record of votes, unless doing

so is necessary to enable the tier 1 corporation to exercise its

functions under the Act or to comply with any law.

(3) As soon as practicable after the tier 1 corporation receives a

sealed record of votes, the tier 1 corporation must give a copy of

the record of votes to the trustee.

(4) The tier 1 corporation must not disclose to any person the

information contained in a sealed record of votes, except with

the consent of, or at the request of, the Tribunal or as required

by this regulation or any other law.

Subdivision 3 — Confirmation of termination resolution

130. Material to accompany application by proponent for

confirmation of termination resolution


relevant independent advocate means an independent advocate

to whom a full proposal has been referred by a community

corporation for a community titles scheme proposed to be

terminated.

(2) For the purposes of section 150(3)(c), the following material is

specified —

(a) documentary or other evidence that the proponent is a

person described in section 140(1)(a), (b) or (c);




r. 131


(b) the outline of the termination proposal submitted under

section 141;

(c) the approval of plan of subdivision referred to in

section 144(1);

(d) details of payments made to a community corporation

under section 159;

(e) details of any arrangements and payments made under

Division 6 Subdivision 3;

(f) the list (if any), given to the proponent by a relevant

independent advocate, of owners of lots identified by the

relevant independent advocate as vulnerable persons.

131. Information community corporation must provide to

Tribunal

For the purposes of section 150(6)(c)(v), the community

corporation must provide the following to the Tribunal —

(a) the scheme contacts register;

(b) in relation to a community corporation for a community

titles scheme proposed to be terminated —

(i) accounting records and statements of account

prepared or kept under section 86;

(ii) any lease accepted under section 78(1) and any

instrument of surrender of a lease accepted under

section 78(2);

(iii) any current lease, licence or document that

creates a right of exclusive use and enjoyment, or

special privilege, over the common property

(other than exclusive use by-laws);

(iv) the independent advocate’s assessment of the full

proposal under section 146(3)(b);

(v) the audio or audiovisual record given to the

referring community corporation under

regulation 114(2)(d);




r. 132


(vi) documentary or other evidence that the

community corporation has complied with the

procedural requirements specified in —

(I) sections 141(4) and (5), 143, 145(3),

(4), (6) and (7), 146(2) and 148(1); and

(II) if the community corporation is a tier 1

corporation — section 149(1).

Subdivision 4 — Proposals that are withdrawn or not proceeding

132. Notice of withdrawn termination proposal

A community corporation that is given written notice of the

withdrawal of a termination proposal from the proponent under

section 156(1) must, as soon as practicable, give a copy of the

notice to —

(a) if an independent advocate is reviewing and assessing

the proposal for the community corporation at the time

the notice is received — the independent advocate; and

(b) if a trust has been established in connection with the

proposal — the trustee (if known).

133. Notice of termination proposal not proceeding

(1) A tier 1 corporation that gives written notice to a proponent

under section 157(2)(b)(i) confirming that a termination

proposal cannot proceed further must, as soon as practicable,

give a copy of the notice to —

(a) if an independent advocate is reviewing and assessing

the proposal for the tier 1 corporation at the time the

notice is given to the proponent — the independent

advocate; and

(b) if a trust has been established in connection with the

proposal — the trustee (if known).

(2) A community corporation that receives written notice under

section 157(2)(b)(ii) confirming that a termination proposal


Termination proposals Part 13 Arrangements for independent advice or representation for

owners Division 6

r. 134


cannot proceed further must, as soon as practicable, give a copy

of the notice to the following persons —

(a) the owners of lots in its community titles scheme;

(b) the occupiers of lots and the occupiers of the common

property in its community titles scheme;

(c) the registered mortgagees of the lots in its community

titles scheme.

Division 6 — Arrangements for independent advice or

representation for owners

Subdivision 1 — Preliminary

134. Ancillary service

(1) In this Division, an ancillary service is any service that is

reasonably required by a vulnerable person, having regard to the

factors described in regulation 136, for any of the following

purposes —

(a) in relation to a full proposal period —

(i) to obtain advisory services during the full

proposal period; and

(ii) to attend, understand, participate in and make an

informed decision in the termination proposal

process;

(b) in relation to a Tribunal confirmation period —

(i) to obtain representation services during the

Tribunal confirmation period; and

(ii) to attend, understand and participate in Tribunal

proceedings that are part of the termination

proposal process.

(2) Without limitation, each of the following services is an ancillary

service —

(a) the services of an interpreter for a person who has

difficulty reading or understanding English;



Division 6 Arrangements for independent advice or representation for owners

r. 135


(b) the services of an Auslan interpreter for a person who is

hearing impaired;

(c) transportation services for a person who is mobility

impaired;

(d) additional representation services for a person who is

not capable of making an informed decision in the

termination proposal process (such as the appointment

of a guardian or administrator);

(e) disability assistance or support services for a person

with a disability that enables the person to participate in

the termination proposal process;

(f) psychological support or counselling services that

enable a person to participate in the termination proposal

process.

Subdivision 2 — Identification of persons as vulnerable


This Subdivision applies for the purposes of section 160(1)(b).

136. Vulnerable persons

(1) An owner of a lot is a vulnerable person if the owner is an

individual in a community titles scheme proposed to be

terminated and falls within 1 or more of the following classes of

persons —

(a) persons who have a diminished capacity to cope with


(b) persons who have a diminished capacity to respond to


(c) persons who have a diminished capacity to understand

the termination proposal process.

(2) A person has diminished capacity to cope with the termination

proposal process if there are factors that impair the person’s

ability to cope with the termination proposal process.



owners Division 6

r. 136


(3) Without limitation, the following are examples of factors that

impair a person’s ability to cope with the termination proposal

process —

(a) an illness or disability that impacts on a person’s

mobility;

(b) an abusive relationship or other personal circumstances

that impact on a person’s ability to make an informed,

independent decision in relation to a termination

proposal;

(c) a mental illness or disorder, such as an anxiety disorder;

(d) frailty, poor health or serious illness;

(e) social isolation;

(f) a recent traumatic life event such as divorce or

bereavement.

(4) A person has diminished capacity to respond to the termination

proposal process if there are socioeconomic factors that impair

the person’s ability to access professional advice or other

services that the person requires to make an informed decision

in the termination proposal process.

(5) Without limitation, the following are examples of

socioeconomic factors that impair a person’s ability to access

professional advice or other services —

(a) unemployment;

(b) dependency on a government pension, benefit or

allowance.

(6) A person has diminished capacity to understand the

termination proposal process if there are factors that impair the

person’s ability to understand the termination proposal process.

(7) Without limitation, the following are factors that impair a

person’s ability to understand the termination proposal

process —




r. 137


(a) difficulty reading or understanding English because the

person is from a non-English speaking background;

(b) a visual impairment that results in difficulty reading

written information;

(c) a hearing impairment that results in difficulty hearing

oral discussions;

(d) illiteracy;

(e) the person being under 18 years of age;

(f) a cognitive impairment that results in difficulty with

complex decision-making;

(g) a mental illness that affects understanding.

137. Independent advocate to identify vulnerable persons to

proponent

(1) The independent advocate must give to the proponent a list of

owners of lots identified by the independent advocate as

vulnerable persons under regulation 115(2).

(2) The list must be given as soon as practicable and in any event at

least 14 days before the day on which the voting period for the

termination proposal opens.

(3) The independent advocate must not disclose to the proponent

the class of vulnerable person within which the owner of a lot

falls or the reasons why the independent advocate identified the

owner of the lot as falling within a particular class of vulnerable

person.

138. Owner of lot may apply to be recognised as a vulnerable

person

(1) An owner of a lot in a community titles scheme proposed to be

terminated who is an individual may, at any time after notice of

a full proposal is served under section 145(3)(a), apply in

writing to the proponent to be recognised as a vulnerable person

in relation to the termination proposal process.



owners Division 6

r. 139


(2) An owner of a lot may apply to the proponent to be recognised

as a vulnerable person even if the owner is not identified by the

independent advocate as a vulnerable person.

(3) An owner of a lot who applies to the proponent to be recognised

as a vulnerable person must identify the class of vulnerable

person within which the owner claims to fall but is not required

to give the proponent evidence that the owner falls within that

class of vulnerable person.

139. Proponent to make decision about claim of vulnerability

(1) If an owner of a lot in a community titles scheme proposed to be

terminated is identified by the independent advocate as a

vulnerable person, or applies to the proponent to be recognised

as a vulnerable person, the proponent must either —

(a) recognise the owner as a vulnerable person; or

(b) refuse to recognise the owner as a vulnerable person.

(2) A proponent must recognise the owner of a lot as a vulnerable

person if the person falls within 1 or more classes of persons set

out in regulation 136(1)(a) to (c).

(3) If the proponent recognises the owner of a lot as a vulnerable

person, the proponent must serve notice in writing of that

decision on —

(a) the owner; and

(b) the trustee.

(4) If the owner of a lot is recognised as a vulnerable person as a

result of applying to the proponent for recognition, the notice

served on the trustee must also identify the class or classes of

vulnerable person within which the owner falls.

(5) If the owner of a lot is recognised as a vulnerable person, the

trustee must treat the owner as a vulnerable person for the

purposes of any claim for payment made against the trust.




r. 140


(6) If the proponent refuses to recognise the owner of a lot as a

vulnerable person, the proponent must serve notice in writing of

that decision on —

(a) the owner; and

(b) if the owner was identified by the independent advocate

as a vulnerable person — the independent advocate.

(7) A notice under subregulation (3) or (6) must be served not less

than 10 days before the day on which the termination proposal

is put to a vote under section 149.

(8) However, if an application for recognition as a vulnerable

person is made to the proponent less than 14 days before the day

on which the termination proposal is put to a vote under

section 149, or after the termination proposal is put to a vote,

the notice must be served within 5 days after the day on which

the application is made.

(9) An owner of a lot who is recognised as a vulnerable person may

make a claim for payment from the trust for an ancillary service

obtained before the owner was so recognised, as long as the

service is one for which payment must be provided under this

Subdivision.

140. Trustee may require information from independent

advocate about type of vulnerability

(1) The trustee may, for the purpose of verifying whether a

vulnerable person is eligible for payment from the trust for a

particular ancillary service, request the independent advocate to

disclose to the trustee the class of vulnerable person within

which the owner falls.

(2) The request must be made in writing.

(3) The independent advocate must comply with the request.

(4) The independent advocate must not disclose to the trustee the

reasons why the independent advocate identified the owner as

falling within a particular class of vulnerable person.



owners Division 6

r. 141


Subdivision 3 — Establishment and terms of trust


This Subdivision applies for the purposes of section 160(2)

and (3).

142. Proponent to establish trust

(1) The proponent of a termination proposal must establish a trust

(the trust) in accordance with this Subdivision that provides

payment to owners of lots in a community titles scheme

proposed to be terminated for the owners to obtain independent

legal advice or representation, valuation advice or reports or

financial or taxation advice in connection with the proposal.

(2) The trust must be established before the day on which the full

proposal period begins.

(3) The terms of the trust must be consistent with this Part and this

Part prevails to the extent of any inconsistency.

(4) A trust established under subregulation (1) is not required to

provide payment to an owner of a lot if that owner is the

proponent.

(5) This regulation is subject to the modification set out in

regulation 165 if all the lots in a community titles scheme

proposed to be terminated (but not all of the lots in the

community scheme) are owned by the same person.

143. Trustee of the trust

(1) The trust must be administered by a trustee (the trustee).

(2) The trustee must not be —

(a) the proponent who established the trust, or an associate

of the proponent; or

(b) a member of the community corporation for a

community titles scheme proposed to be terminated by




r. 144


the proponent who established the trust, or an associate

of the member; or

(c) a member of any community corporation in the

community scheme in which 1 or more community titles

schemes are proposed to be terminated by the proponent

who established the trust, or an associate of the member;

or

(d) a scheme manager for any community corporation in a

community scheme in which 1 or more community titles

schemes are proposed to be terminated by the proponent

who established the trust, or an associate of the scheme

manager.

144. Services for which trust moneys are to be provided

(1) The trustee must reimburse an owner of a lot in a community

titles scheme proposed to be terminated for a cost or expense

reasonably incurred by the owner in connection with obtaining a

service described in subregulations (2) and (3) unless the

payment would result in the guaranteed payment amount for the

owner’s lot set out in regulation 146 being exceeded.

(2) An owner of a lot must be reimbursed for a cost or expense

reasonably incurred in connection with obtaining the following

services —

(a) advisory services obtained during the full proposal

period;

(b) subject to subregulation (4), representation services

obtained during the Tribunal confirmation period.


An owner of a lot that is a body corporate can still obtain payment for advisory services and representation services under the payment arrangements that apply to lot owners who are not vulnerable persons.

(3) In addition to subregulation (2), an owner of a lot who is

recognised as a vulnerable person under regulation 139(1)(a)

must be reimbursed for a cost or expense reasonably incurred in

connection with obtaining the following services —



owners Division 6

r. 145


(a) ancillary services obtained during the full proposal

period;

(b) subject to subregulation (4), ancillary services obtained

during the Tribunal confirmation period.

(4) An owner of a lot is only entitled to be reimbursed for a cost or

expense incurred for obtaining a representation service or an

ancillary service during the Tribunal confirmation period if the

vote cast for the owner’s lot under section 149 was not in favour

of the termination proposal.

(5) The trustee must not reimburse an owner for any cost or

expense incurred in connection with obtaining a service

described in subregulation (2) or (3) if that service was obtained

from the proponent who established the trust or an associate of

that proponent.

145. No payment for services obtained after withdrawal or notice

that proposal cannot proceed

The trustee must not reimburse an owner of a lot under

regulation 144 for a cost or expense incurred in connection with

a service if that service was obtained —

(a) after the day on which the community corporation

serves notice under section 156(2)(a) that the proponent

has withdrawn the proposal; or

(b) after the day on which the tier 1 corporation gives notice

under section 157(2)(b)(ii) confirming that the

termination proposal cannot proceed under section 157.

146. Guaranteed payment amount

(1) The guaranteed payment amount for a lot is —

(a) $1 500 for all advisory services obtained during the full

proposal period; and

(b) if the vote cast for the lot was not in favour of the

termination proposal — $5 000 for all representation




r. 146


services obtained during the Tribunal confirmation

period.

(2) Subregulation (1) does not apply if 1 or more owners of the lot

are recognised as vulnerable persons under regulation 139(1)(a)

(whether or not all owners are recognised as vulnerable

persons).

(3) If an owner of a lot is recognised as a vulnerable person under

regulation 139(1)(a) (whether or not all owners are recognised

as vulnerable persons), the guaranteed payment amount for the

lot is —

(a) $3 000 for all advisory services and ancillary services

obtained during the full proposal period; and


termination proposal — $9 000 for all representation

services and ancillary services obtained during the

Tribunal confirmation period.

(4) If more than 1 owner of the lot is recognised as a vulnerable

person under regulation 139(1)(a), the guaranteed payment

amount for the lot increases as follows —

(a) by an additional $1 000 for advisory services and

ancillary services obtained during the full proposal

period for each additional vulnerable person who is an

owner of the lot;


termination proposal — by an additional $2 000 for

representation services and ancillary services obtained

during the Tribunal confirmation period for each

additional vulnerable person who is an owner of the lot.

(5) Except as provided in subregulation (4), the guaranteed payment

amount for a lot is an amount per lot, and does not increase

because more than 1 person owns the lot.



owners Division 6

r. 147


(6) The trustee may refuse to pay any cost or expense of an owner

of a lot to the extent that the payment would result in the

guaranteed payment amount for the owner’s lot being exceeded.

(7) The proponent must ensure that the trust has sufficient funds so

that the trustee can comply with this regulation.

(8) This regulation does not affect a requirement that an owner of a

lot provide evidence of a cost or expense in support of a claim

for payment from the trust.

147. Method of payment under trust

(1) Payments must be made from the trust to owners of lots for the

costs and expenses paid or payable by them in obtaining the

services for which reimbursement must be provided.

(2) The trustee may require an owner of a lot to provide an invoice

or other written evidence of the amount paid or payable in

support of a claim for payment from the trust.

(3) If an invoice or other written evidence of an amount payable to

a service provider by an owner of a lot is provided to the trustee

at least 7 days before it becomes payable by the owner, the

trustee must ensure that the amount is paid (either to the owner

or to the service provider) before it becomes payable by the

owner.

(4) The terms of the trust may make provision for the following —

(a) the procedure for claiming payments from the trust;

(b) the evidence of amounts paid or payable that must be

provided to the trustee;

(c) the manner in which claims will be paid.

148. Period of time for making claims

A claim for payment from the trust for a service cannot be made

by an owner of a lot more than 3 months after —




r. 149


(a) the end of the period of the termination proposal process

during which the service was obtained; or

(b) if the proponent withdraws the termination proposal —

the day on which the community corporation serves

notice under section 156(2)(a) that the proponent has

withdrawn the proposal; or

(c) if the termination proposal cannot proceed under

section 157 — the day on which the tier 1 corporation

gives notice confirming that fact under

section 157(2)(b)(ii).

149. Trust account

(1) The funds held by the trustee under the trust must be kept in an

ADI trust account.

(2) The name of the trust account must include the words “trust

account”.

150. Trustee records

(1) The trustee must —

(a) make and keep a record of all amounts received into or

paid from the trust account; and

(b) keep a copy of all claims for payment made against the

trust, including any invoice or other written evidence

provided in support of a claim.

(2) The trustee must give to the Tribunal a copy of the documents

kept under subregulation (1)(a) within 7 days after receiving

notice from the tier 1 corporation that an application has been

made to the Tribunal for confirmation of a termination

resolution.

151. Period of time for retaining trustee records




owners Division 6

r. 152


retention period means a period of 7 years beginning on the day

on which the trust is wound up in accordance with

regulation 155.

(2) The trustee must retain the records kept by the trustee under

regulation 150(1) for the retention period.

152. Owner entitled to certain information in respect of lot

(1) The trustee must, within 7 days after receiving a request in

writing from an owner of a lot, give to the owner written notice

of the total amount that has been paid from the trust account in

respect of the owner’s lot.

(2) A request under subregulation (1) cannot be made after the

retention period (as defined in regulation 151(1)) has expired.

153. Summary of trust records to be given to proponent on

request

(1) The trustee must, within 7 days after receiving a request in

writing from the proponent, give to the proponent a written

summary, based on the records kept by the trustee under

regulation 150(1)(a), of amounts received into or paid from the

trust account.

(2) The summary must not —

(a) identify an owner of a lot to whom or in respect of

whom any payment is made; or

(b) identify the class of vulnerable person into which an

owner of a lot falls or in respect of which a payment is

made; or

(c) describe a service for which a payment is made.

(3) Subregulation (2) does not prevent the summary identifying a

service for which a payment is made as an advisory service,

representation service or ancillary service.

(4) A request under subregulation (1) cannot be made after the

retention period (as defined in regulation 151(1)) has expired.




r. 154


154. Privacy of information

(1) The trustee or a person employed or engaged to assist the trustee

must not disclose any personal information obtained about a

person in the course of exercising functions under this Part

except —

(a) with the consent of the person to whom the information

relates; or

(b) with the consent of, or at the request of, the Tribunal; or

(c) if the disclosure is required by these regulations or any

other law.


If a person disputes a decision of the trustee, or a person employed or engaged to assist the trustee, to disclose information under this regulation, the dispute is classified as a scheme dispute under regulation 168(b).

(2) Subregulation (1) does not prevent the trustee and a person

employed or engaged to assist the trustee from disclosing

personal information obtained about a person to each other for

the purposes of exercising functions under this Part.

155. Winding up of trust

(1) The trust must not be wound up until the trustee is satisfied

that —

(a) all persons entitled to make a claim for payment from

the trust have no further claim for payment from the

trust; and

(b) all outstanding claims for payment from the trust have

been paid or resolved.

(2) The trustee is entitled to be satisfied that a person will have no

further claim for payment from the trust if —

(a) the person has confirmed in writing that the person does

not intend to make a claim or any further claim for

payment from the trust; or



owners Division 6

r. 155


(b) the time within which the person may make any claim

for payment from the trust has expired.

(3) After the trust is wound up, any remaining moneys may be paid

to the proponent.


Part 14 Termination by single owner


r. 156


Part 14 — Termination by single owner


156. Term used: single owner terminating scheme

In this Part —

single owner terminating scheme means a community titles

scheme proposed to be terminated in which the proponent owns

all of the lots.

157. Application of Part

This Part applies for the purposes of section 161(5).

Division 2 — Modification of Part 11 Division 1 of the Act

158. Modification of application of s. 141

(1) The application of section 141(1) is modified so that the

proponent of a termination proposal that includes a single owner

terminating scheme is not required to submit an outline of the

proposal to the community corporation for the single owner

terminating scheme.

(2) Section 141(7) applies to subregulation (1) accordingly.



proponent of a termination proposal that includes a single owner

terminating scheme must include the following additional

material in the outline of the proposal —

(a) a statement that the proponent is the owner of all the lots

in the community titles scheme proposed to be

terminated, or all the lots in 1 of the schemes proposed

to be terminated;

(b) the name of the community corporation for the single

owner terminating scheme;


Termination by single owner Part 14

Modification of Part 11 Division 1 of the Act Division 2

r. 160


(c) a statement that, if the termination proposal is to proceed

further in accordance with sections 143 and 144 —

(i) the proponent is not required to incorporate a

termination infrastructure report or a termination

valuation report in respect of the single owner

terminating scheme; and

(ii) a community corporation for a community titles

scheme proposed to be terminated (other than the

single owner terminating scheme) may pass an

ordinary resolution determining that it does not

require the proponent to incorporate a

termination infrastructure report in respect of its

community titles scheme;

(d) a statement that proposed arrangements for obtaining

independent advice or representation referred to in

section 160 are not required to be made in respect of the

single owner terminating scheme.

(2) The application of section 142(1) is modified so the description

required under section 142(1)(d) does not include proposals for

contracts to be offered in respect of lots owned by the

proponent.


The application of section 145(3)(a) is modified so that the

community corporation for the single owner terminating scheme

is not required to submit the full proposal to each owner of a lot

in its community titles scheme.




must refer the proposal for review and assessment to an

independent advocate on behalf of each community corporation

in the community scheme.



Division 2 Modification of Part 11 Division 1 of the Act

r. 162



independent advocate must —

(a) review the full proposal; and

(b) provide each community corporation in the community

scheme with an independent assessment of the full

proposal; and

(c) at a time and place arranged with each community

corporation in the community scheme, make a

presentation of its assessment open to the persons

mentioned in section 145(3)(a), conducted so as to take

account of the needs of any of those persons who have

sensory or mobility disabilities.

(3) The application of section 146(4)(a) is modified so that the

independent advocate must endeavour to identify any owners of

lots in the community scheme (excluding the single owner

terminating scheme) for whom arrangements for fuller or more

extensive advice or representation are to be made in accordance

with Part 13 Division 6 Subdivision 2.



must pay the remuneration of, and reimburse the expenses

incurred by, the independent advocate.


(1) The application of section 147(1) is modified so that —

(a) the material required to be included in an outline of a

termination proposal under section 147(1)(a) is the

material to be included in an outline of a termination

proposal as modified under regulation 159; and

(b) section 147(1)(c) does not apply in respect of lots in a

single owner terminating scheme.

(2) The application of section 147(2) is modified so that a

termination infrastructure report is not required to be

incorporated in a full proposal in respect of a community titles


Termination by single owner Part 14

Modification of these regulations Division 3

r. 163


scheme proposed to be terminated (other than the single owner

terminating scheme) if the community corporation for the

scheme has —

(a) passed an ordinary resolution determining that it does

not require the proponent to incorporate a termination

infrastructure report in respect of its community titles

scheme; and

(b) provided written notice of that fact to the proponent.

(3) The application of section 147(3) is modified so that a

termination valuation report is not required to be incorporated in

a full proposal in respect of each lot in a single owner

terminating scheme.


The application of section 148(1) is modified so that the


is not required to convene 1 or more general meetings to

consider the termination proposal.

Division 3 — Modification of these regulations

164. Modification of application of r. 113

(1) The application of regulation 113(2) is modified so that it is

replaced with the requirement in subregulation (2).

(2) For the purposes of section 146(3)(b) —

(a) if the community titles scheme is a scheme proposed to

be terminated (excluding the single owner terminating

scheme), an independent advocate’s assessment of the

full proposal must address the following matters —

(i) whether the full proposal appears feasible and

fair to the owners of lots in the community titles

scheme (excluding the single owner terminating

scheme);



Division 3 Modification of these regulations

r. 165


(ii) whether the arrangements for occupiers of the

lots or common property in the community titles

scheme (excluding the single owner terminating

scheme) are appropriate;

and

(b) if the community titles scheme is a scheme not proposed

to be terminated, the independent advocate’s assessment

must consider the effect that the full proposal will have

on the owners of lots in that scheme.

165. Modification of application of r. 142

If the proponent is the owner of all of the lots in all of the

community titles schemes proposed to be terminated, the

application of regulation 142(1) is modified so that the

proponent is not required to establish a trust.


Tribunal proceedings Part 15

Scheme disputes Division 1

r. 166


Part 15 — Tribunal proceedings

Division 1 — Scheme disputes

166. Terms used

In this Division, trust and trustee have the meanings given in

regulation 108.


This Division applies for the purposes of section 162(1)(i).

168. Disputes relating to disclosure of information

The following disputes relating to the disclosure of information

are scheme disputes —

(a) a dispute between an independent advocate, or a person

employed or engaged to assist an independent advocate,

and an individual about the disclosure of personal

information under regulation 112(3);

(b) a dispute between a trustee, or a person employed or

engaged to assist the trustee, and a person about the

disclosure of personal information under

regulation 154(1).

169. Occupier disputes relating to termination proposals

The following disputes relating to termination proposals are

scheme disputes —

(a) a dispute between the owner of the lots and an occupier

of a lot in the scheme, or an occupier of common

property in the scheme, about a proposal to terminate

each community titles scheme in a community scheme

under section 161;

(b) a dispute between the proponent of the termination

proposal and an occupier of common property in the


Part 15 Tribunal proceedings

Division 1 Scheme disputes

r. 170


scheme about a proposal to terminate each community

titles scheme in a community scheme;

(c) a dispute between an occupier of a lot in the scheme, or

an occupier of common property in the scheme, and the

proponent of the termination proposal for which a

termination resolution has been passed under

section 149(6) about a proposal to terminate a

community titles scheme.

170. Disputes about trustee’s performance

(1) A dispute between an owner of a lot and the trustee about the

trustee’s performance of, or failure to perform, a function of the

trustee under Part 13 Division 6, or under the terms of the trust,

is a scheme dispute.

(2) For the purposes of a requirement under Part 13 Division 6 that

owners of lots be provided with reimbursement under the trust

for services obtained by them in connection with the termination

proposal process —

(a) the dispute, and any proceedings before the Tribunal in

connection with the dispute, are taken to be part of the

termination proposal process; and

(b) the period of the termination proposal process to which

the dispute relates does not end in relation to the owner

of the lot until the application for resolution of the

dispute is withdrawn by the owner or the dispute is

resolved by the Tribunal.

171. Dispute about proponent’s decision

A dispute between an owner of a lot who is an individual and a

proponent about the proponent’s decision under

regulation 139(1)(b) to refuse to recognise the owner as a

vulnerable person is a scheme dispute.


Tribunal proceedings Part 15

Orders of Tribunal Division 2

r. 172


Division 2 — Orders of Tribunal

172. Orders required to be made by legally qualified member

For the purposes of section 168(2), an order of the following

classes of orders is required to be made by a legally qualified

member —

(a) an order under section 165(2)(b) (an order requiring a

structural element by reference to which a lot in a

community titles (building) scheme is defined to be

reinstated following its damage, destruction or removal);

(b) any other order relating to a dispute about the damage,

destruction or removal of a structural element by

reference to which a lot in a community titles (building

scheme) is defined.

173. Internal review of Tribunal order

For the purposes of section 175(1), an order made by the

Tribunal constituted by a member who is not a legally qualified

member is specified.


Part 16 Miscellaneous

r. 174


Part 16 — Miscellaneous

174. Disposition statements

(1) For the purposes of section 185, a disposition statement may be

registered in conjunction with the registration of an amendment

of a community titles scheme if it is in an approved form and it

complies with the requirements of this regulation.

(2) A disposition statement may be used in the circumstances where

an amendment of a community titles scheme gives effect to a

subdivision by changing the definition of —

(a) 1 or more lots that belong to the community titles

scheme to create —

(i) 2 or more different lots; or

(ii) 1 or more different lots and common property;

or

(b) 1 or more lots and common property that belong to the

community titles scheme to create —

(i) 1 or more different lots; or

(ii) 1 or more different lots and common property;

or

(c) common property that belongs to the community titles

scheme to create 1 or more lots and common property.

(3) A disposition statement used in the circumstances set out in

subregulation (2) must —

(a) provide for the disposition of the lots created by the

subdivision so that the lots —

(i) vest in the persons who were the owners of the

lots affected by the subdivision immediately

before the disposition, and no other person, in the

way referred to in section 16(4)(b) when a new

lot is created; and


Miscellaneous Part 16

r. 174


(ii) vest in the owners in the same manner as the

affected lots were owned immediately before the

disposition;

and

(b) provide for the disposition of the common property

created by the subdivision so that it vests in the persons

who were the owners of the lots affected by the

subdivision immediately before the disposition, and no

other person, in the way referred to in section 16(4)(c)

when a new lot is created.

(4) If a disposition statement is used in the circumstances set out in

subregulation (2), subregulation (3) applies to the enlarged or

reduced lot or common property in the same way as it would

apply if the enlarged or reduced lot or common property were a

new lot or common property created by the subdivision.

(5) The effect of subregulation (3)(a)(ii) is as follows —

(a) if a lot affected by a subdivision is owned by 2 or more

persons as joint tenants immediately before the

disposition, the disposition must vest the new lot in

those persons as joint tenants;

(b) if a lot affected by a subdivision is owned by 2 or more

persons as tenants in common immediately before the

disposition, the disposition must vest the new lot in

those persons as tenants in common in the same

proportions as the affected lot was owned immediately

before the disposition.

(6) A disposition statement cannot effect —

(a) the complete release, removal or discharge of an

encumbrance or caveat; or

(b) the release, removal or discharge of an entire interest in

an encumbrance; or

(c) the registration of any registered interest (other than as

registered proprietor) in respect of a lot or common

property if a part of that lot or the common property, or



r. 175


the common property that was formerly comprised in

the land the subject of the application, was not

previously subject to that registered interest; or

(d) the lodgment of a caveat in respect of a lot if a part of

that lot was not previously subject to that caveat; or

(e) a change of any person having a registered interest in

any encumbrance registered in respect of a lot or the

common property, from the person as previously

registered or lodged; or

(f) a change of the proprietor of an interest the subject of

any caveat lodged in respect of a lot, from the proprietor

as previously registered or lodged.

(7) When a disposition statement is registered under

subregulation (1), items registered or recorded for the scheme in

the Register are to be discharged, withdrawn or otherwise

removed, or brought forward, under the Transfer of Land

Act 1893 in the manner necessary to give effect to the

disposition statement.

175. Fees payable to Registrar of Titles

The fees specified in Schedule 2 are the fees payable to the

Registrar of Titles in respect of matters specified in that

Schedule.

176. Fees payable to local government

(1) For the purposes of section 33(1)(d), the fee payable for a

service provided by a local government pursuant to an

application for approval to amend or repeal a planning (scheme

by-laws) condition under section 32(1) is fixed by this

regulation.

(2) The fee payable is to be calculated by adding together the

following —

(a) the staff costs for the application, being the total number

of hours that each member of the local government’s


Miscellaneous Part 16

r. 176


staff spends dealing with the application multiplied by

the hourly rate of that staff member;

(b) operating overhead costs for the application, being

33.3% of the amount calculated under paragraph (a).

(3) The hourly rates for members of the local government’s staff

are as follows —

(a) for the person in charge of planning at the local

government — $88.00 per hour;

(b) for a senior planner or manager — $66.00 per hour;

(c) for a planning officer, environmental health officer or

other officer with qualifications relevant to the

request — $36.86 per hour;

(d) for a secretary or administrative officer — $30.20 per

hour.

(4) A local government may reduce the hourly rate payable in

respect of a member of the local government’s staff.

(5) A local government that receives an application for an approval

referred to in subregulation (1) must give the applicant an

estimate of the fee that will be payable for the application under

this regulation.

(6) The estimate must include the following —

(a) the estimated number of hours that the members of the

local government’s staff will spend dealing with the

application;

(b) the hourly rates for those staff members;

(c) the estimated operating overhead costs for the

application;

(d) the total fee that the local government estimates will be

imposed for dealing with the application.

(7) The estimate must include a separate estimate of the number of

hours that the members of the local government’s staff will

spend dealing with the application for each of the categories



r. 176


referred to in subregulation (3)(a) to (d), specified by reference

to each of the following tasks involved in dealing with the

application —

(a) preliminaries;

(b) liaison with external agencies;

(c) liaison with the applicant;

(d) assessment and approval;

(e) updating of records.

(8) A local government may reduce the fee specified in the

estimate, and in that case the fee payable is reduced

accordingly.

(9) A local government may refuse to deal with an application

referred to in subregulation (1) until —

(a) the total fee specified in the estimate given by the local

government is paid; or

(b) if that fee is reduced under subregulation (8) — the

reduced fee is paid.

(10) A local government may waive or reduce, in whole or in part,

the fee payable in respect of an application.


Explanation of effect of section 48 Schedule 1

cl. 1


Schedule 1 — Explanation of effect of section 48

[r. 59]

1. Enforcement of scheme by-laws

(1) You may receive a written notice from a community corporation

alleging that you have contravened the scheme by-laws.

Note for this subclause:

The Community Titles Act 2018 section 44 sets out the people to

whom the scheme by-laws apply. Any person listed in section 44 can be given written notice of an alleged contravention of the scheme by-laws.

(2) A community corporation may apply to the State Administrative

Tribunal (the Tribunal) for an order to enforce scheme by-laws on the

following grounds —

(a) the contravention of the scheme by-laws has had serious

adverse consequences for another person;

(b) you have allegedly contravened a particular scheme by-law

on at least 3 separate occasions;

(c) you have been given written notice of an alleged

contravention of the scheme by-laws and you have allegedly

contravened the notice.

2. What the written notice must contain

A written notice alleging that you have contravened the scheme

by-laws must include the following information —

(a) the particular by-law that you have allegedly contravened;

(b) the facts relied on as evidence of the alleged contravention;

(c) the action that you must take, or refrain from taking, in order

to stop contravening, or furthering the contravention of, the

particular scheme by-law;

(d) this explanation of the effect of the Community Titles

Act 2018 section 48.

3. Other people who can apply for enforcement of scheme by-laws

(1) In addition to a community corporation, the following persons may

apply to the Tribunal for an order to enforce the scheme by-laws —


Schedule 1 Explanation of effect of section 48

cl. 3


(a) a member of the community corporation of the community

titles scheme for which the scheme by-laws are registered;

(b) a mortgagee of a lot in the community titles scheme;

(c) an occupier of a lot in the community titles scheme;

(d) for exclusive use by-laws —

(i) the owner of a lot that is a special lot; or

(ii) if the special lots are all of the lots in a community

titles scheme — the community corporation for that

community titles scheme.

Notes for this subclause:

1. A person who is a member of a community corporation is set out in the Community Titles Act 2018 section 17(6), (7) and (8).

2. A special lot is a lot (either a specified lot, lots in the community scheme or all lots in a specified community titles scheme belonging to the community scheme) that is owned or occupied by persons to whom exclusive use by-laws apply.

3. Exclusive use by-laws are scheme by-laws that confer exclusive use and enjoyment of, or special privileges over, the special common property on the occupiers, for the time being, of the special lots.

4. Special common property is common property in the community titles scheme or specified common property in the community titles scheme that is subject to exclusive use by-laws.

(2) An application can only be made on the grounds that —

(a) the contravention has had serious adverse consequences for

another person; or

(b) you have allegedly contravened a particular by-law on at least

3 separate occasions; or

(c) if you are a person other than a community corporation —

(i) you have been given written notice by the community

corporation for the community titles scheme for

which the scheme by-laws are registered of an

alleged contravention of the scheme by-laws; and

(ii) you have allegedly contravened the notice.


Explanation of effect of section 48 Schedule 1

cl. 4


4. How this could affect you

(1) If an application is made to the Tribunal for enforcement of scheme

by-laws, the Tribunal has power to make any order it considers

appropriate to resolve the by-law enforcement proceeding.

Note for this subclause:

Under the Community Titles Act 2018 section 165 the Tribunal may

make any order it considers appropriate to resolve the dispute or proceeding.

(2) In particular, if the Tribunal is satisfied that you have contravened the

scheme by-laws, the Tribunal may make an order that requires you to

do one or more of the following —

(a) pay a specified amount to the community corporation by way

of a penalty for the contravention;

(b) take specified action within a period stated in the order to

remedy the contravention or prevent further contraventions of

the scheme by-laws;

(c) refrain from taking specified action to prevent further

contraventions of the scheme by-laws.

(3) The maximum amount that the Tribunal can impose on you by way of

a penalty is $2 000 and, if the regulations authorise it, a daily penalty

may also be imposed on you if you continue the contravention.

(4) The Tribunal cannot, however, impose a penalty on the community

corporation of the community titles scheme for which the scheme

by-laws are registered.

(5) A penalty can only be imposed on you if the Tribunal is satisfied that

a ground in clause 1(2) or 3(2) (as set out in the Community Titles

Act 2018 section 48(1)(b) or (4)), as the case requires, exists.

5. Recovery of moneys

(1) If you have been ordered to pay an amount to a community

corporation the amount may be recovered by the community

corporation, and interest is payable on any outstanding amount, as

if —

(a) you were a member of the community corporation (which

may be the case if the order relates to contravention of

exclusive use by-laws); and


Schedule 1 Explanation of effect of section 48

cl. 5


(b) the amount payable were an unpaid contribution levied on

you as a member of the community corporation.

(2) If an amount is ordered to be paid by way of a penalty it is

recoverable as a debt in a court of competent jurisdiction.


Fees payable to Registrar of Titles Schedule 2


Schedule 2 — Fees payable to Registrar of Titles

[r. 175]

Item Matter Fee ($)

1. Initial lodgment of a community titles scheme

(a) General fee for lodgment of any plan

(including an amendment to a plan) 288.00

(b) Additional fee for each lot shown on the

plan, other than a lot that is proposed to be

vested in the Crown under the Planning and

Development Act 2005 section 152 75.00

(c) Additional fee for each common property

area shown on the plan 75.00

2. Application to register a community titles scheme

(a) General fee for lodgment of an application to

register a community titles scheme 178.20

(b) Additional fee for each lot in the community

titles scheme 6.40

(c) Fee for lodgment of a scheme plan in

connection with an application to register a

community titles scheme 288.00

(d) Fee for lodgment of scheme by-laws in

connection with an application to register a

community titles scheme 178.20

(e) Fee for lodgment of a community

development statement for the community

scheme in connection with an application to

register a community titles scheme 178.20


Schedule 2 Fees payable to Registrar of Titles


Item Matter Fee ($)

3. Application to amend a community titles scheme


amend a community titles scheme, being an

application that amends a scheme plan 178.20

(b) Additional fee for each new lot created by

the amendment, other than a lot that is

proposed to be vested in the Crown under the

Planning and Development Act 2005

section 152 6.40

(c) General fee for lodgment of an amendment

of a scheme plan 288.00

(d) Fee for lodgment of an application to amend

a community titles scheme (other than an

application to amend a scheme plan) 178.20

(e) General fee for lodgment of an amended

community development statement approved

by the Planning Commission 178.20

4. Application to terminate a community titles scheme


terminate a community titles scheme under

section 153(1) or 161(1) 178.20

(b) Additional fee for each lot in the community

titles scheme to be terminated under

section 153(1) or 161(1) 6.40

5. Fee for lodgment of a disposition statement 178.20


Fees payable to Registrar of Titles Schedule 2


Clerk of the Executive Council

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